Latest by Tim Brown

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Parental controls: when does standing consent put subsidiaries' documents within its parent's control?

Published on 08 April 2020. By Tim Brown, Partner and Karina Plain, Associate (Australian qualified)

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A parent company does not exercise control over the documents of, or held by, its subsidiaries merely by virtue of its shareholdings in those subsidiaries.(1).

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Oral contract does not prevent agent from being paid in circumstances not catered for in contract

Published on 19 December 2019. By Tim Brown, Partner and Rosy Gibson, Associate

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In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). Philip Barton v Timothy Gwyn-Jones [2019] EWCA Civ 1999. However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.

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Court of Appeal upholds wide exclusion clause

Published on 17 July 2018. By Tim Brown, Partner and Gill O'Regan, Senior Associate

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In its recent decision in Goodlife Foods Limited v Hall Fire Protection Limited ([2018] EWCA Civ 1371) the Court of Appeal held that a particularly broad exclusion clause in a contract relating to a fire suppression system was reasonable within the framework of the Unfair Contract Terms Act 1977.

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Supreme Court curtails negotiating damages

Published on 29 May 2018. By Tim Brown, Partner and Emma West, Senior Associate

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The Supreme Court decision in Morris-Garner v One Step Support Ltd(1) is now the leading case on Wrotham Park(2) or – as the court preferred to call them – negotiating damages.

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Filling gaps: Implied terms in contracts

Published on 22 December 2016. By Tim Brown, Partner

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The Court of Appeal has held that where a contract would, on its face, be unenforceable because the parties failed to agree an essential term, the missing term cannot be implied.

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The "purpose" means the "dominant purpose"

Published on 02 August 2016. By Tim Brown, Partner

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The Court of Appeal has recently dismissed an appeal in relation to the interpretation of a clause referring to "the purpose" of a transaction.

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Notice of termination provisions - not all they're cracked up to be

Published on 29 April 2016. By Tim Brown, Partner

In Vinergy International (PVT) Limited v Richmond Mercantile Limited FZC the High Court held that the respondent had been entitled to accept the appellant's repudiatory breach and terminate their contract without complying with the notice requirements. 

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Court of Appeal considers "agreements to agree"

Published on 23 February 2016. By Tim Brown, Partner

The Court of Appeal has addressed a number of issues typically encountered in disputes relating to the sale of goods in Hughes v Pendragon.

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Court of Appeal upholds estoppel by convention for forgetfulness

Published on 20 November 2015. By Alexis Armitage, Associate and Tim Brown, Partner

In Dixon and another v Blindley Health Investments Ltd[1] the Court of Appeal held that a shareholder was estopped by convention from relying on a pre-emption agreement for the sale of shares which had been agreed by members informally through correspondence some 8 years previously and had since allegedly been forgotten.

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High Court guidance on the admissibility of expert evidence

Published on 05 October 2015. By Tim Brown, Partner

British Airways has succeeded in partly overturning the decision of a Deputy Master who refused BA permission to adduce expert evidence in litigation against the trustees of one of its defined benefit pension schemes.

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Tracing Mr Maluf's millions

Published on 28 September 2015. By Alan Williams, Partner and Tim Brown, Partner

The recent Privy Council decision in Federal Republic of Brazil and another v Durant International Corporation and another upholding a Jersey Court of Appeal judgment provides guidance on the approach the English Courts may now take to backwards tracing.

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Court of Appeal rules on liability of partner unaware of fiduciary breach of another partner

Published on 27 July 2015. By Tim Brown, Partner

Court of Appeal reverses decision of lower Court to find that a partner who had been unaware of the wrongful conduct of the second partner in a business was nonetheless jointly and severally liable for the defaulting partner's liability to a third party for breach of fiduciary duty.

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High Court refuses to grant anti-suit injunction restraining insolvency proceedings in Denmark

Published on 03 July 2015. By Alexis Armitage, Associate and Tim Brown, Partner

In SwissMarine Corporation Ltd v OW Supply & Trading[1], the High Court refused to grant an anti-suit injunction restraining Danish insolvency proceedings.

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Invalidity of buyer's notice sinks warranty claim

Published on 15 June 2015. By Tim Brown, Partner

In Ipsos SA v Dentos Aegis Network Limited, the Defendants obtained judgment in the High Court against the Claimants in respect of their claim for breach of warranty for failure to comply with contractual notification requirements set out in a share purchase agreement.

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