Welcome to our corporate and commercial disputes update, the bi-annual publication in which we summarise some of the most significant decisions from corporate and commercial cases in the English courts.
This edition includes:
- Representing claimants: the rise of the class action
- Disclosure is the 'price' to pay for a 'hint' of expert shopping – Rogerson v Eco Top Heat and Power Limited
- Muller, cornered: the fraud and 'Muller' exceptions to the without prejudice rule (Berkeley Square v Lancer)
- Unfair prejudice and the entitlement to buy-out: Macom v Bozeat
- Good faith and unfair prejudice: Faulkner v Vollin Holdings
- SAAMCO reconsidered: the purpose of advice
- Limitation in professional negligence: (Sciortino v Beaumont and Elliot v Hattens)
- Liquidated damages and delay: a victory for commercial common sense
- Notice provisions: how much detail is reasonable detail? (Dodika v United Luck Group)
- Contractual damages and exclusion clauses: you get what you bargained for (CIS v IBM)
- Doctrine of duress clarified: lawful commercial pressure or economic duress?
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