The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more
A fundamental issue that all litigants will be well served to consider when bringing, or defending, any legal proceeding is the question of whether the claim has been brought in time. The inadvertent failure to bring a claim...more
A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more
The Court of Appeal has examined when a common law nuisance can be said to be “continuing” and therefore qualify for a more generous application of the limitation rules. The judgment is of relevance to landowners, developers,...more
A unilateral notice relating to a tax liability under a share sale and purchase agreement was not a valid notice within the relevant limitation period for a claim. The construction of a unilateral notice must be viewed...more
Parties often enter into standstill agreements when approaching the expiry of a limitation period. This case shows the difference between suspending time and extending time for the purposes of limitation in a standstill...more
Two recent attempts to hedge limitation risk in follow-on claims by commencing proceedings in the UK High Court and the UK Competition Appeal Tribunal have failed. The Tribunal ruled that a claim, based on foreign law,...more
Case: Expofrut SA & Others v Melville Services Inc and Lavinia Corporation [2015] EWHC 1950 (Comm) The English High Court has ruled that an extension to a contractually agreed period in which arbitration proceedings must...more