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Searching Content indexed under Trials & Appeals & Compensation by Gowling WLG ordered by Published Date Descending.
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1
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
UK
13 Jul 2018
2
Public Law Case Update - June 2018
Written by Gowling WLG's team of experts, our case update offers a straightforward overview of six recent important cases in public law and regulation.
UK
10 Jul 2018
3
The Court Of Appeal Confirms That Retrial Is Not Permitted
Alcon has successfully resisted AP Racing's appeal against an Intellectual Property Enterprise Court (IPEC) decision. The case concerns Alcon's high performance brake caliper designs and technology.
UK
6 Jul 2018
4
How To Shoot For Arrow Relief
The Court of Appeal has ruled that the discretion as to whether or not to award Arrow relief lies with the trial judge, for exercise in light of the facts and circumstances at the date of the trial.
UK
5 Jul 2018
5
Finance Litigation: The Latest Cases And Issues - May 2018
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry
UK
30 May 2018
6
Parallel Import Guidance Clarified By CJEU
The Court of Justice of the European Union (CJEU) has issued a ruling clarifying what you can, and cannot, do if you wish to import goods from one Member State of the EU to another.
European Union
25 May 2018
7
Supreme Court Rules That A Contractual Term That Requires Modifications To Be In Writing Is Binding
Very often a contract contains a clause which states it may only be amended in writing. Such clauses are known as "No Oral Modification" or NOM clauses.
UK
22 May 2018
8
Insolvency Litigation: Recent Cases And Issues - May 2018
A decision of the Chancery Court which confirms the rule against contractual penalties will not apply to the terms of a company's own voluntary arrangement ...
UK
17 May 2018
9
"Habitual Residence": SCC Revamps Hague Convention Analysis With Hybrid Approach
On April 20, 2018, the Supreme Court of Canada released its decision in Office of the Children's Lawyer v. Balev, 2018 SCC 16 ("Balev") in which it adopts a new approach ...
Canada
16 May 2018
10
Limiting The Contractor's Design Liability Under NEC Wording: Does It Leave You Exposed?
In the Scottish decision of SSE Generation Limited v Hochtief Solutions AG [2018], a first instance decision has been overturned in part, holding the Contractor liable under NEC2 ...
UK
15 May 2018
11
Contractual Estoppel: Be Careful What You Sign
Parties are taken to have read and understood contracts they enter into.
UK
25 Apr 2018
12
Arbitrator Qualifications - Does An Insurance Barrister Have "Experience Of Insurance"?
In Allianz Insurance Plc & Anor v Tonicstar Ltd [2018] EWCA Civ 434, the Court of Appeal decided that an arbitration clause which provided that the arbitrators must have ...
UK
23 Apr 2018
13
Yahoo! Cyber Breach Settlement Gives Shareholders Cause For Cheer
A U.S. data breach class action has settled for $80 million, bringing the action, which commenced in early 2017, to a relatively quick and, for the putative class, satisfying end.
Canada
4 Apr 2018
14
Insolvency Litigation: Recent Cases And Issues In March 2018
This is good news for insolvency practitioners.
UK
4 Apr 2018
15
Finance Litigation: The Latest Cases And Issues - March 2018
Despite gross carelessness on behalf of a solicitor when seeking discharge of a loan, the Supreme Court has found that it had not been reasonable for the lender to rely on what the solicitor said.
Canada
26 Mar 2018
16
Does Your Insurance Policy Do What You Think It Should?
This was confirmed by the Court of Appeal in its most recent decision on contractual interpretation.
UK
21 Mar 2018
17
A Round-Up Of The CJEU Cases In 2017
In 2017, the Court of Justice of the European Union issued 19 decisions primarily focused on trade marks. Here, I summarise the most interesting of them.
European Union
19 Mar 2018
18
CJEU Rules On 'Solely Dictated By Its Technical Function' Designs Exclusion
The EU designs regime establishes two parallel registered designs systems in Europe, by which it is possible to obtain unitary protection covering the geographical area of the EU and/...
UK
12 Mar 2018
19
How Wide Is Your Settlement Agreement?
In the recent decision in Khanty-Mansiysk Recoveries Limited v Forsters LLP [2018] EWCA Civ 89, the Court of Appeal considered whether a settlement agreement in respect of unpaid fees...
UK
9 Mar 2018
20
What Does Actavis v Eli Lilly Mean For European Patent Litigation Strategy?
Doctrines of equivalents in France, Spain and Germany: How do local patent experts view the UK Supreme Court's judgment in Actavis v Eli Lilly?
European Union
2 Mar 2018
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