Latest by Eliot Henderson

Privy Council gives a lesson on the remoteness of damage in contract law within a judgment on damages for breach of separate but related contracts

Published on 27 August 2020. By Chris Ross, Partner and Eliot Henderson, Associate

Where parties have entered into separate but related contracts, breach of one contract does not necessarily preclude the recovery of damages under another.

Covertly obtained information cannot be deployed until its legitimacy is resolved

Published on 07 February 2020. By Andy McGregor, Head of Civil Fraud and Eliot Henderson, Associate

An innocent party is entitled to damages, even though performance of the contract is impossible

Published on 01 August 2019. By Geraldine Elliott, Global Head of Commercial Disputes and Eliot Henderson, Associate

The Court of Appeal considered the proper interpretation of exceptions or force majeure clauses and provided guidance on the correct application of the compensatory principle of damages in Classic Maritime v Limbungan. Classic Maritime Inc v Limbungan Makmur SDN BHD & Anor [2019] EWCA Civ 1102

Enforceable oral contracts – Supreme Court looks to conduct and context

Published on 07 March 2019. By Eliot Henderson, Associate and Geraldine Elliott, Global Head of Commercial Disputes

To avoid expensive litigation, contracting parties should ensure that all essential terms are expressly agreed within a legally binding contract. Where some essential terms are missing, but the parties clearly intend to be bound by and act on their agreement, the court will be keen to find an enforceable agreement. Wells v Devan 2019, UKSC 4.

Five ways the civil courts are fighting back against cybercrime

Published on 06 November 2018. By Jonathan Cary, Partner and Eliot Henderson, Associate

Service by text and data room, worldwide freezing orders against persons unknown, self-identification orders and hearings on paper and in private are ways the court is dealing with cyber-crime. Here are five ways that the courts are addressing the imbalance that exists between victims and criminals who seek to hide behind a veil of anonymity in this digital age.

Beware of the risks when notifying warranty claims

Published on 13 February 2018. By Geraldine Elliott, Global Head of Commercial Disputes and Eliot Henderson, Associate

In Teoco UK Limited v Aircom Jersey 4 Limited, Aircom Global Operations Limited(1) the Court of Appeal upheld the High Court's decision to strike out certain breach of warranty claims on the basis that the buyer had given the seller inadequate notice of those claims. The buyer's attempt to keep its options open by drafting its notices widely proved fatal to its claims, as it failed to identify the specific warranties to which its claims related as required by the share purchase agreement.

Italian data protection authority issues fines totalling more than €11m for illegal data processing

Published on 14 March 2017. By Eliot Henderson, Associate

The fines are thought to be the highest ever issued by a European data protection authority.

Licensees beware - SAP wins victory against Diageo for breach of software licence agreement

Published on 08 March 2017. By Eliot Henderson, Associate

In a significant ruling for software customers and providers, the High Court found that Diageo breached the "Named User" pricing mechanism of its software licence agreement with SAP.

The UK housing crisis: a problem for businesses?

Published on 16 March 2016. By Eliot Henderson, Associate

The UK is in the midst of a housing crisis. But should businesses care? And what, if anything, can they do about it?