Get up to date with the Winter 2019/20 edition of Resolve, our litigation newsletter.

Banks' duties in relation to fraudulent instructions from corporate customer – Supreme Court

The Supreme Court has confirmed that, where a bank owes a duty to act with reasonable skill and care when executing a company's instructions, the fraudulent instructions of those persons in control of the company cannot normally be attributed to the company itself; to attribute such fraud to the company would deny the company the protection that the bank's duty is intended to provide, in the very circumstances in which it is most needed. 

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Missing "Non-football global superstars" meant New Balance could not match up to Nike

The supply of Premier League football kit can be a lucrative venture. It is a coveted right that exclusive suppliers are naturally keen to protect. 

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Non- party costs orders against liability insurers - Supreme Court

In 2012, numerous claims were brought under a Group Litigation Order (GLO) in respect of defective breast implants. 623 of these claims were brought against Transform Medical Group (CS) Limited (Transform), a company which operated medical clinics which supplied and fitted the implants.

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Recent Guidance on injunctions enforcing non-compete covenants

The recent case of Affinity Workforce Solutions Ltd v McCann & Ors, reinforces the importance of employers seeking comprehensive undertakings from former employees at the outset and shows that where an employer seeks to supplement agreed undertakings later, via injunctive relief, the Court may be unwilling to intervene. 

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Addleshaw Goddard advises on significant decision in truck competition case

The competition appeal tribunal ("CAT") has handed down an important judgment on the litigation funding aspects of the road haulage association's application for a collective proceedings order ("CPO"). The decision clarifies the law on litigation funding and class representative authorisation

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Technology disputes: a new dispute resolution procedure

The Society for Computers and Law ("SCL") has launched an alternative contractual dispute resolution procedure for technology disputes. The SCL's Adjudication Scheme (the "Scheme") is designed to be a swift and affordable procedure to resolve disputes whilst aiming to maintain parties' commercial relationships and goodwill in any ongoing technology projects.

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Brexit and cross border disputes – a quick overview

All EU civil judicial cooperation regulations will continue to operate vis-à-vis the UK during the Brexit Transition Period (to 31 December 2020, unless extended).

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Quick updates for those involved in disputes - Winter 2019/20

Injunctions against 'persons unknown' - Early Neutral Evaluation ordered without consent of parties - Open justice is the default – derogations must be "exceptional" - "Successful party" for costs purposes where £500K plus had been claimed, but only £2.5k awarded. 

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