Latest by Kirtan Prasad

Blog

To perform or not to perform? When tendering performance means actual performance

Published on 21 May 2020. By Dan Wyatt, Partner and Kirtan Prasad, Senior Associate

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A consultant was alleged to be in material breach of a consultancy contract for refusing to supply his services. He responded to a notice of material breach by stating that he was willing to perform. However, the Court of Appeal held that this was insufficient to remedy the breach (Bains v Arunvill Capital Limited and others)(1).

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Blog

Tortious claims against third party may trigger anti-suit injunction

Published on 10 October 2019. By Chris Ross, Partner and Kirtan Prasad, Senior Associate

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A party's attempt to circumvent a jurisdiction clause by bringing tortious claims against a third party has been thwarted by the High Court. In granting an anti-suit injunction, the court explored the substance of the claims and found them to be "vexatious and oppressive", designed simply to evade the exclusive jurisdiction clause.

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