Share purchase agreements: providing a valid notice of warranty claim
Providing a party with an improperly particularised notice of warranty claim in the context of a share purchase agreement (SPA) can often give rise to a dispute in itself and, in some cases, even a potential basis upon which a claim can be struck out. This, in turn, can create unnecessary applications to the court […]
Disputes about loans
It has been recently reported in the press that, in the US, Apple will be offering and approving loans to its customers. The lending business is called Apple Pay Later. As reported in the Financial Times, by taking ownership of the lending process, Apple will have better access to data and it will help the […]
Winding up petitions: new restrictions
The current restrictions on winding up petitions are due to expire on 30 September 2021. They will be replaced by more limited restrictions which are set out in the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021. According to the Insolvency Service, the changes are aimed at helping High Street […]
Penalties: don't be too extravagant
In Ahuja Investments Ltd v Victorygame Ltd, Surjit Singh Pandher Judge Hodge QC, sitting as a High Court Judge, was asked to consider whether a default interest rate in a loan agreement constituted a penalty. Judgment was handed down on 26 August 2021. Background The claimant, Ahuja Investments Limited (AIL) brought a claim against the […]
Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd
It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]
Original and best: Advancing a claim without the primary document
What happens if you want to bring a claim, but you no longer have the original version of the key document you need to support your case? This is a point which the Court of Appeal was asked to consider in the case of Goodison v PRA Group (UK) Limited. Background The appellant, G, had […]
The Consumer Rights of Pet Owners: Pendragon v Coom [2021]
What rights of redress does a consumer have if they purchase a pet with a health problem? The case of Pendragon v Coom [2021] considers the remedies available. Background Ms Pendragon was a dog breeder and in June 2018, she sold an Old English Sheepdog puppy to Ms Coom for the sum of £1,000. Between […]
Contract dispute: De Havilland Aircraft of Canada v SpiceJet [2021] EWHC 362 (Comm)
This week, I’m looking at De Havilland Aircraft of Canada v SpiceJet, a case handed down in February this year.The issues considered include the construction of a variation agreement and liquidated damages and penalties. BackgroundThe claimant in this case was De Havilland Aircraft of Canada Ltd, a manufacturer of aircraft, and the defendant was SpiceJet […]
Contract interpretation: Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)
his is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. It has been a while since I have looked at a contract interpretation case and so this week, in my weekly review, I have chosen the case of Westminster City Council v Sport […]
The Disclosure Pilot: AAH Pharmaceuticals Ltd and another v Jhoots Healthcare Ltd and another [2002] EWHC 2524 (Comm)
This is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. The Business and Property Courts’ Disclosure Pilot has been in place since the 1 January 2019. Dealing with disclosure is one of the most expensive aspects of preparing a case for trial. The […]