Court of Appeal finds that Limitation of Liability Clause does not Exclude a Claim for Wasted Expenditure

In Soteria Insurance Ltd v IBM United Kingdom Ltd [2022], the Court of Appeal overturned a High Court decision by finding that the words “loss of profit, revenue, savings (including anticipated savings)” in a limitation of liability clause did not […]

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Supreme Court Decide That Liquidated Damages Accrue Up Until Termination of the Contract Whereby Works Never Completed

On Friday, the Supreme Court handed down its judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, unanimously overturning the Court of Appeal’s earlier decision relating to liquidated damages (“LADs”) where a contract has been […]

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Can an employer be liable for an employees’ data protection breach? Guidance from the UK Supreme Court

Can an employer be held to be vicariously liable for unauthorised breaches of the Data Protection Act 1998 (the “DPA 1998”) committed by an employee? The UK Supreme Court sets the record straight in a case where Wm Morrison Supermarkets […]

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Indemnity Costs Orders – Guidance from the Court of Appeal

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

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What Amounts to ‘Reasonable Endeavours’?

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a […]

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