Brexit: overture to a discordant symphony
As Brexit turbulence begins, three disputes highlight some of the lesser-known legal consequences
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Legal notes: You couldn’t make it up
Stuart Pemble marvels at what could be the strangest decision he has ever had to read
Legal notes: Matters of fact
Mitigation of damages is governed by clear principles, but courts can face difficulties when applying those principles to the facts of any dispute
A legal Christmas carol
Allyson Colby, James Driscoll and Stuart Pemble are in high spirits at the end of another busy year, drawing on literary inspiration to unleash a Dickens of a Legal Notes Christmas special
Legal notes: ‘but for’ what, exactly?
The simple “but for” test in negligence can tax the sharpest legal minds. Challenge accepted, writes Stuart Pemble
A morality tale for our times
The Supreme Court has changed the law regarding the enforceability of illegal transactions.
Legal notes: Do clauses prohibiting the oral variation of written contracts work?
Stuart Pemble reports that the Court of Appeal has decided the answer to this conundrum appears to be “no”
Legal notes: Consequential consequences
Stuart Pemble welcomes confirmation from the Court of Appeal that parties should be free to agree contractual limitations to, or exclusions of, indirect or consequential loss
Legal notes: Claimants, do your duty
The Court of Appeal has provided welcome clarity regarding a claimant’s duty to mitigate its loss. Stuart Pemble summarises the good news
Legal notes: Serial killer
Serial adjudication – where parties issue numerous notices of adjudication against each other – is the latest tactic to fall foul of the TCC
