Wrongful diversion of business and the availability of springboard injunctions

Jin Ooi

In breach of express confidentiality obligations in their employment contracts, the defendants in Aquinas v Miller wrongfully diverted business from Aquinas, their former employer, to their newly set up competing business. Was Aquinas entitled to a springboard injunction? The typical purpose of springboard relief is to deprive a defendant of any head start of having, Read More

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Limiting liability under your contract

Jason Rix

Last month, a group of us (Erwan Poisson, Joost Everaert, Julie Metois, James Freeman and I) gave some training on limiting liability in commercial contracts. So far so unsurprising. The sting in tail was that we were covering the topic under Belgian, French and English law. This served to highlight some legal and cultural differences Read More

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Remedies are not exclusive unless you’re both on the same page

Lucy Judge

Specified remedies for breach of certain provisions in a contract will not be exclusive remedies unless the parties clearly intend to restrict the available remedies: Harcap Ltd v FK Generators. HarCap, a private equity investor, had entered into an agreement with FK Generators to find USD22m bridging finance for a power plant. This contained an exclusivity Read More

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Blessings in disguise: when does the law require you to give credit to a contract-breaker?

Richard Farnhill

If a breach of contract allows the non-breaching party to save money or avoid a loss, must it give credit for that saving to the contract breaker? That was the issue considered by the Supreme Court in Globalia v Fulton Shipping. The facts were straightforward enough, although as we shall see they split judicial opinion Read More

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He shoots…he might have scored? Football and loss of chance damages.

Russell Butland

The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival agent and a football club, for inducing a player to breach an oral agency contract. Loss of chance damages are available where a claimant’s loss depends, not on what it would have done, Read More

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