Latest by Chris Ross

Blog

Defective service and culpable delay: a warning to claimants

Published on 03 July 2017. By Chris Ross, Partner and Andy McGregor, Partner

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Commercial Court refuses application for alternative service and strikes out claim forms after claimant's delay in pursuing claim.

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High Court allows claim against foreign subsidiary and English parent company to be heard in the UK

Published on 13 July 2016. By Chris Ross, Partner and Simon Hart, Partner

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The High Court has rejected applications by an English parent company and its Zambian subsidiary that claims brought against them in London should be dismissed in favour of proceedings taking place in Zambia.

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Supreme Court clarifies law on implied terms

Published on 21 January 2016. By Chris Ross, Partner

The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or alternatively be so obvious as to go without saying.

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Supreme Court clarifies law on implied terms: "business efficacy" test remains

Published on 21 January 2016. By Chris Ross, Partner and Parham Kouchikali, Partner

The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or alternatively be so obvious as to go without saying. In practice, it will be a rare case where one of those conditions is satisfied but not the other.

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Court of Appeal rules on limitation and concealment in competition damages claim

Published on 04 September 2015. By Chris Ross, Partner and Andy McGregor, Partner

In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...

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The claimants that knew too much: High Court rules on applicability of concealment provisions in Limitation Act 1980 in competition damages claim

Published on 24 December 2014. By Chris Ross, Partner

The Arcadia Group[1] case arose in the context of ongoing damages claims brought by a number of retailers and other merchants against both Visa and MasterCard for breaches of competition law in relation to the charging of interchange fees in the Visa and MasterCard payment systems.

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The importance of commercial considerations in contractual construction

Published on 13 October 2014. By Chris Ross, Partner

The principles governing contractual interpretation under English law are reasonably well-established.

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Court shuts door on challenge to arbitral tribunal's findings

Published on 03 June 2014. By Chris Ross, Partner

Applicants cannot use s.68 of the Arbitration Act to challenge indirectly the tribunal's finding of fact when they don’t like the decision made.

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Commercial Court confirms principles relating to law governing arbitration agreements

Published on 25 February 2014. By Chris Ross, Partner

The case of Habas Sinai v VSC Steel Company[1] reinforces the importance of providing for a governing law in contracts, particularly if the parties want an arbitration agreement to be governed by a different law from the law of the seat of the arbitration.

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Financial Litigation Roundup

Published on 26 November 2013. By Chris Ross, Partner

Please click here for our bulletin containing a roundup of the key judgments from litigation in the banking sector in 2012/2013 and review of matters currently before the courts.

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