Latest by Eliot Henderson

Blog

Enforceable oral contracts – Supreme Court looks to conduct and context

Published on 07 March 2019. By Eliot Henderson, Associate and Geraldine Elliott, Partner

Purple tint 2

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.

Read more
Blog

Five ways the civil courts are fighting back against cybercrime

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

Abstract building

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.

Read more
Blog

Beware of the risks when notifying warranty claims

Published on 13 February 2018. By Geraldine Elliott, Partner and Eliot Henderson, Associate

Untinted 3

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.

Read more
Blog

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

Published on 14 March 2017. By Eliot Henderson, Associate

Abstract building

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

Read more
Blog

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

Published on 08 March 2017. By Eliot Henderson, Associate

Green tint 2

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.

Read more
Blog

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?

Read more