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Case review 30/07/2021
The Supreme Court has spoken. X’s appeal has been allowed. It has been decided that a tour operator can be found liable in contract, under the Package Travel, Package Holidays and Package Tours Regulations 1992, for the non-performance or “improper performance” of the obligations it has undertaken, even in a situation where those failures are the result of acts or omissions of employees of a third party supplier of services.
Article 30/07/2021
In support of our commitments to SDG 16 – Peace Justice and Strong institutions, our Madrid office recently signed a collaboration Agreement with Comillas Pontifical University (“ICADE”) through its Legal Clinic programme.
Article 30/07/2021
Connecticut has become the third state to enact a cyber safe harbor law, providing an affirmative defense for qualifying businesses against tort claims based on an alleged failure to implement reasonable cyber security standards following a data breach.
Case review 29/07/2021
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
Article 29/07/2021
A round-up of recent court decisions raising issues relating to scope of duty; best interests; informed consent and material risks involving technical decisions; and contempt of court proceedings following dismissal of a claim for fundamental dishonesty.
Article 29/07/2021
This update includes a roundup of recent court decisions dealing with liquidated damages, a classic residential property dispute, late service of a claim form, overstated losses in a claim for defects, and another example of adjudication enforcement where natural justice and jurisdiction issues are at play.
Article 29/07/2021
This is the last of our series of articles dedicated to the NEC contracts (New Engineering Contract). Here, we analyse the importance of compliance management systems as part of the regulatory requirements implemented in the ‘Reconstruction with Changes’ project in Peru.
Article 29/07/2021
In this article, we consider where we are on the government’s roadmap out of lockdown and set out considerations for sports event organisers to take into account, in light of the most recent government guidance.
Article 29/07/2021
A summary of key developments including the Health and Care Bill; the Getting It Right First Time and NHS Resolution best practice guide to claims learning; a consultation on the appointment and operation of the Patient Safety Commissioner; the personal injury discount rate in Northern Ireland and statutory implementation of the Personal Injuries Guidelines 2021 in the Republic of Ireland.
Case review 28/07/2021
Last week, the Supreme Court handed down judgment in Harcus Sinclair LLP (Harcus Sinclair) v Your Lawyers Ltd (Your Lawyers) [23.07.21], allowing Your Lawyers’ appeal against a decision of the Court of Appeal that the non-compete clause within a non-disclosure agreement between them was unreasonable as a restraint of trade. The decision clarified the approach to be taken in assessing the legitimate interests of the beneficiary of the restraint.
