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21 November 2018 Clarification by the court on causation and loss in brokers negligence claims

The UK court has recently clarified the law in relation to causation and loss in broker’s negligence claims in the case of Dalamd Limited v Butterworth Spengler Commercial Limited [2018] EWHC 2558.

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13 December 2016 Interim injunction granted to enforce restrictive covenants

The court has granted an application for an interim injunction against the claimant’s former employee to enforce non-competition restrictive covenants and confidentiality clauses in his employment contract

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8 November 2016 Acceptance of a Part 36 did not prevent claimants from relying on its defence

The Commercial Court has refused to grant summary judgment in relation to a claim which it held had not been included in a Part 36 offer which was subsequently accepted.

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8 September 2016 Cross undertakings as to damages: guidance on the calculation of loss

A Defendant was awarded significant damages after demonstrating that he had suffered a loss following the court’s ruling that the Claimant had obtained freezing injunctions to which it was not entitled.

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21 July 2016 Strict interpretation of the ex turpi causa principle results in bad news for claimants

the Court of Appeal upheld a judgment that a taxi driver was not liable in negligence to two passengers, both 17 years old, when he continued to drive despite being aware that the passengers were not wearing seatbelts and one of the doors of the taxi was open.

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1 July 2016 Making an offer: make the proper calculation

The High Court has confirmed that the 10% uplift for beating a Part 36 offer will apply to contractual interest.

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7 June 2016 Courts unable to intervene - time to arbitrate

The Commercial Court has confirmed that where a party has indicated that they intend to commence arbitration proceedings relating to a disputed contract…

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23 May 2016 Refusal of pre-action disclosure application

The Commercial Court refused an LLP’s application for pre-action disclosure in their intended action for breach of contract.

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12 May 2016 Enterprise Act 2016 - late payment of insurance claims

The Enterprise Bill was granted Royal Assent last week and comes into force on 4 May 2017.

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15 April 2016 Insurers could potentially recover “at least £10m” in Portal fees

Cardiff County Court has released a decision which could assist insurers in recovering £10 million pounds or more of Stage 1 costs paid in claims that were eventually dropped.

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