Blog Commercial Litigation News September 14, 2023 by Lyons Davidson What legal documents do you need to set up an online sales business? As an ecommerce entrepreneur looking to launch a new online sales business, you will be full of great ideas and big plans for your website. However, you may not have considered the various legal documents that you need to have in place to ensure the venture succeeds from the outset. In this article, we will … Continued
Blog Commercial Litigation News August 22, 2023 by Lyons Davidson Lyons Davidson’s Corporate & Commercial Team advises Ascenti Health on its acquisition of My Online Therapy Simon Gale, a Partner in our Corporate & Commercial Team, has recently acted for Ascenti Health on its acquisition of mental health technology platform My Online Therapy. Ascenti is a leading independent provider of physiotherapy and mental health services, employing over 800 staff across the UK and providing services to both public and private sector … Continued
Blog Civil Litigation Commercial Litigation December 31, 2018 by Lyons Davidson Hitting the headlines in 2018: was this the year of the CVA? House of Fraser, Carpetright, New Look, Jamie’s Italian, Mothercare and Homebase all hit the headlines this year for entering into Company Voluntary Arrangements (CVA). What is a CVA and why have they been so popular in 2018?
Blog Commercial Litigation News February 14, 2018 by Lyons Davidson The limitation of liability clause and contractual interpretation: case update In this article, we revisit the case of The Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Limited [2017] EWCA Civ 2196, following the appeal of a judgment on a preliminary issue: namely, whether there was a ‘cap’ on the level of damages that might accrue under a breach of contract … Continued
Commercial Litigation News November 22, 2017 by Lyons Davidson 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 judgment of preliminary issues, where the court considered whether heads of loss fell within an exclusion clause in the contract and whether there was a … Continued
Blog Civil Litigation Commercial Litigation News November 13, 2017 by Lyons Davidson Property fraud in Dreamvar (UK) Ltd 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 consequences of a property fraud committed on their client, despite it being accepted that Mischon had acted reasonably, honestly and not negligently. The claim arose … Continued
Commercial Litigation News October 4, 2017 by Lyons Davidson 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 have complied with this protocol going forward. The protocol on debt claims The new protocol encourages early communication, early disclosure of information and court intervention … Continued
Blog Commercial Litigation News September 26, 2017 by Lyons Davidson Creating a legally binding contract: the human capacity for wishful thinking 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 ‘banter’, gave rise to a legally binding contract that would require him to pay a consultant £15m if the share prices of his company hit … Continued
Blog Commercial Litigation February 25, 2016 by Lyons Davidson Implied terms: Supreme Court confirms the test On 2 December 2015, the Supreme Court clarified the law relating to implied terms in contracts, in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2015] UKSC 72. Court of Appeal The case related to a dispute between M&S and its landlord over whether M&S … Continued
Blog Commercial Litigation February 10, 2016 by Lyons Davidson Limitation and the importance of paying the correct court fee 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 to protect their position when the limitation period is about to expire.
Blog Commercial Litigation February 3, 2016 by Lyons Davidson Liquidated damages and the penalty clause: a brief summary of the change in the law On 4 November 2015, the Supreme Court changed the previously well-established law relating to liquidated damages and the penalty clause, in the case of Cavendish Square Holding BV v Talal El Makdessi; Parkingeye LTD v Beavis [2015] UKSC 67.
Blog Commercial Litigation July 15, 2015 by Lyons Davidson Scope for compensation under the Data Protection Act broadens to include distress-only claims One of several issues considered by the Court of Appeal in the case of Google Inc v (1) Judith Vidal-Hall (2) Robert Hann (3) Marc Bradshaw [2015] was the meaning of ‘damage’ under section 13 of the Data Protection Act 1998. The decision has the potential to significantly expand the scope of claims for compensation … Continued
