Contracts Court of Appeal case
Goodman Derrick LLP acted in a case before the Court of Appeal concerning the Contracts (Rights of Third Parties) Act 1999. The Court of Appeal ruled that before the rights granted by the Act could be enforced, the third party in question must be expressly identified in the relevant contract by name, as a member of a class or as answering a particular description.
The use of the word "express" did not allow a process of construction or implication. For further information, please contact Deborah Rider in our Litigation Department.
Jury Service in the Age of Technology
Don’t let curiosity get the better of you!
High Court Rules That Insurers May Not Limit Freedom Of Choice Of Solicitor
A recent High Court decision has given insured parties the right to choose their legal representative rather than be forced to accept a solicitor nominated by their insurer.
Proposed Clarification of Defamation Law
The Joint Committee has published its proposed amendments to the Government's draft Defamation Bill. The Joint Committee broadly welcomes the draft Bill and recommends additional provisions.
Recovery of Commercial Rent Arrears: Options for Landlords
In the current uncertain economic climate, it is hardly surprising that landlords of commercial premises increasingly find themselves faced with defaulting tenants. But what are the best practical approaches a landlord can take to recover unpaid sums due under a commercial lease?
Liabilities and Responsibilities of Online Marketplaces - L'Oreal v ebay
The European Court of Justice handed down judgment last month in respect of proceedings between L’Oréal and eBay
What You Need Is A Good Holiday
Last year the Court of Appeal gave authoritative guidance on the appropriate measure of damages in compensation claims arising from ruined or sub-standard holidays . What are the ramifications if you invest (financially and emotionally) in a well earned holiday but return home feeling short-changed? Dispute resolution partner Clive Ince explains the current legal position
The time for bringing “credit crunch” or recession related claims is running out
....says Jonathan Haydn-Williams.
Abolition of Experts’ Immunity From Suit By The Supreme Court
The very recent case of Jones v Kaney [2011] decided by the Supreme Court has abolished the long-standing immunity from suit that expert witnesses have enjoyed for hundreds of years.
The Jackson Litigation Cost Reforms: The Winners and the Losers
On 29 March 2011 the government announced that Lord Justice Jackson’s civil costs reforms will be implemented in full which will give rise to a radical shake up of how civil litigation is funded. This note highlights some of the potential winners and losers following implementation.
In association with Levy & McRae