Searching Content indexed under Court Procedure by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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Costs: Behaviour Of Parties
The High Court has recently confirmed and clarified the case law on how the behaviour of parties and the making of without prejudice offers should affect costs.
20 Sep 2012
Solicitors: Duty to Advise in Litigation - Appeal Upheld
In a recent decision, the Court of Appeal have allowed Levicom’s appeal of the first instance judgment in their £37 million loss of chance claim against Linklaters.
19 May 2010
Public Liability Insurance – Coverage For Contractual Liabilities
The Court of Appeal has affirmed the controversial decision of the High Court in Tesco Stores Ltd v Constable and Others, which took a narrow view of a contractual liability extension, effectively restricting cover to liabilities in tort.
1 Aug 2008
Reinsurance: Follow The Settlements
Last week’s Court of Appeal decision in Wasa International Insurance-v-Lexington Insurance Company may represent a shift in approach of the English judiciary towards attaching greater weight to the commercial intentions of the parties than to a strict interpretation of the language of a reinsurance contract.
10 Mar 2008
Strike Out: Abuse Of Process
The Court of Appeal has recently considered the issue of strike out for abuse of process. At first instance WSP and Aspinwall succeeded in striking out a claim by Aldi on the grounds that the claim should have been brought in previous litigation.
4 Jan 2008
Patents Court Rules On Status Of Appeals Of Non-Binding Opinions
On 16 November 2007, Mr Justice Kitchin ruled on the first appeal to reach the Patents Court under the scheme for the provision of opinions by the Comptroller of Patents, finding that appeals of this type could be heard by the Patents Court.
30 Nov 2007
OFT Test Case Says Connected Lender Liability Extends To Foreign Transactions
The House of Lords has, today, delivered its judgement in the case of The Office of Fair Trading v Lloyds TSB plc, Tesco Personal Finance Limited and American Express Services Europe Limited [2007] UKHL 48.
1 Nov 2007
Court Of Appeal Narrows Protection From Lookalikes (And Smell-Alikes)
The Court of Appeal recently gave two very important decisions on trade marks and designs.
17 Oct 2007
Auditors: Meet The Parents
In our Law-Now dated 15.03.06 “Auditors and Third Party Liability - Judicial Reassurance” we reported on the first instance decision in Man Nuzfahrzeuge AG and Others v Freightliner Ltd and Others [2005] EWHC 2347 in which a multi million pound claim was dismissed.
27 Sep 2007
Brokers PI: Post-Placement Duties
Brokers JLT have successfully resisted an appeal by HIH against a judgment of Langley J last year with the result that they are not liable to insurers for losses suffered.
19 Jul 2007
Court Of Appeal Reviews LADs Provisions In JCT Contract
The JCT standard form of contract provides a specific contractual mechanism for deduction of Liquidated and Ascertained Damages ("LADs") by the employer in certain circumstances if the construction project is not completed on time (as do many other standard form construction contracts, although the procedure in the JCT is more complicated than most).
13 Jul 2007
IP Snapshot: July 2007
Bringing you monthly news of key developments in intellectual property law.
12 Jul 2007
Data Protection: Selecting And Inputting Personal Data Is Not Necessarily ´Processing´
The Court of Appeal has potentially reduced the scope of the Data Protection Act 1998 by deciding that collating data about an individual and putting them in an electronic format is not necessarily ‘processing’.
27 Jun 2007
Early Negotiations Aimed To Prevent Litigation Are Without Prejudice
The Court of Appeal has recently confirmed that early negotiations prior to the commencement of litigation can be protected by ‘without prejudice’ privilege.
15 Jun 2007
Successful Challenge To Adjudicator’s Jurisdiction
The Court of Appeal recently refused permission to appeal against a judgement that rendered an adjudicator’s decision invalid because he lacked jurisdiction.
13 Jun 2007
Court Of Appeal Refuses Summary Enforcement Of Adjudicator´s Decision
There are exceptional cases where adjudicators’ decisions are not readily enforced by the courts. These include where it is appears that the wrong body appointed the adjudicator, or the adjudicator decided a dispute under the wrong construction contract.
3 May 2007
Court Of Appeal Finds No copying In Da Vinci Code
The Court of Appeal has upheld the decision of the High Court in the "Da Vinci Code" trial, finding that the judge rightly held that the Claimant had not established that a substantial part of their work "The Holy Blood and The Holy Grail" had been copied, whether in relation to the composition of the original, or the selection and arrangement of its contents.
3 Apr 2007
Special Effects Overturned: No Estoppel From Opposition Procedures
Today, in the eagerly anticipated judgment in Special Effects v L'Oreal the Court of Appeal has reversed a controversial decision reached by the High Court that a party who had raised certain arguments in an opposition to the grant of a trade mark in the Trade Mark Registry would be prevented from raising the same arguments when later disputing the validity of the trade mark.
15 Jan 2007
Letters Of Intent: More Salutary Lessons From The Court Of Appeal
The Courts’ time has again been occupied by a dispute concerning a letter of intent. In this recent case the Court of Appeal considered a letter of intent which included a temporary arrangement for the provision of facilities management services by Skanska to Somerfield Stores.
11 Jan 2007
First Ever CAT Interim Damages Award
In the first UK case of its kind, the Competition Appeal Tribunal (CAT) has awarded interim damages to a claimant in a competition damages action. Healthcare at Home was awarded £2million in relation to its damages action against Genzyme Limited on 15 November 2006.
17 Nov 2006
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