Wasted expenditure and contract performance

In this article, we consider the recent case of The Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK Limited [2017] EWHC 2197 (TCC). This was a Read more…

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Posted on Nov 22nd, 2017 by Lyons Davidson

Property fraud in Dreamvar (UK) Limited v Mishcon De Reya

Property fraud and Dreamvar (UK) Limited v Mishcon De Reya

The case of Dreamvar (UK) Limited v Mishcon De Reya has attracted significant coverage following the court’s ruling that the law firm Mishcon de Reya was liable for the financial Read more…

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Posted on Nov 13th, 2017 by Lyons Davidson

Legal update on the new pre-action protocol for debt claims

Legal update on the new pre-action protocol for debt claims

The new pre-action protocol for debt claims came into force on 1 October 2017 and, while it will not have a retrospective effect, the court will expect the parties to Read more…

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Posted on Oct 4th, 2017 by Lyons Davidson

Creating a legally binding contract: the human capacity for wishful thinking

Creating a legally binding contract

In Jeffrey Ross Blue v Michael James Wallace Ashley [2017] EWHC 1928 (Comm), the issue for the High Court to consider was whether a statement, made by wealthy businessman during pub Read more…

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Posted on Sep 26th, 2017 by Lyons Davidson

Implied terms: Supreme Court confirms the test

Chairs around a boardroom table

On 2 December 2015, the Supreme Court clarified the law relating to implying terms into contracts in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Read more…

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Posted on Feb 25th, 2016 by Lyons Davidson

Limitation and the importance of paying the correct court fee

Chairs around a boardroom table

On 21 December 2015, the High Court gave judgment in Lewis v Ward Hadaway [2015] EWHC 3503 (Ch), a case that will have potential consequences for claimants issuing court proceedings Read more…

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Posted on Feb 10th, 2016 by Lyons Davidson

Liquidated damages and penalty clauses: a brief summary of the change in the law

Chairs around a boardroom table

On 4 November 2015, the Supreme Court changed the previously well-established law relating to liquidated damages and penalty clauses, in the case of Cavendish Square Holding BV v Talal El Read more…

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Posted on Feb 3rd, 2016 by Lyons Davidson

Scope for compensation under the Data Protection Act broadens to include distress-only claims

Hand moving chess piece

By Alistair Stewart and Sarah Holland, Commercial Litigation team One of several issues considered by the Court of Appeal in the case of Google Inc v (1) Judith Vidal-Hall (2) Read more…

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Posted on Jul 15th, 2015 by Lyons Davidson

Commercial Court considers test for transfer of cases between divisions of the High Court

In Southern Rock Insurance Company Limited v (1) Brightside Group Limited (2) Brightside Insurance Services Limited QBD (Comm) (Leggatt J) [2015], Lyons Davidson’s Commercial Litigation team successfully opposed applications to transfer three related sets of proceedings from the Chancery Division of the High Court in the Bristol District Registry to the specialist Commercial Court in the Queen’s Bench Division in the Royal Courts of Justice, London.

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Posted on Feb 23rd, 2015 by Lyons Davidson

Post-termination restrictions in employment contracts: what happens if they are breached?

Many employment contracts contain covenants that restrict an employee’s actions after the employment has come to an end (usually for a specified period of time). Restrictive covenants Examples of this Read more…

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Posted on Sep 11th, 2014 by Lyons Davidson