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Remedies

A (conditional) free for all?

Jason Rix

Budana v Leeds Hospital is about Conditional Fee Agreements and how they may be transferred. Ms Budana’s original solicitors, Baker Rees, represented her in a personal injury claim under a CFA with a 100% success fee, entered into under the pre-Jackson reform regime. Baker Rees purported to assign its book of personal injury claims, and CFAs, Read More

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No chinks in the chain of causation: liability for continuing loss and third party acts

Jason Rix

Questions of causation are tricky for lawyers and highly fact dependent. This case is an example of how it can be difficult to change a tribunal’s finding on causation: St Shipping v Space Shipping. A charterer hired a vessel and sub-hired it on to a third party that intended, unlawfully, to export crude oil from Read More

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Breaking the chain: when breach is not the cause of loss

Jason Rix

By designing a hotel for twice the budget, Fosters breached the contract. But, this was not the reason the developer could not secure funding for the project and therefore Fosters was not liable for the developer’s lost profits: Riva v Foster + Partners. The developer engaged Fosters to design a hotel for £70 million pounds; Read More

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

Jason Rix

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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What is repudiation?

Rainer Evers

Whether your counter-party has actually repudiated its contract is a big question. If you wrongly treat a contract as having been repudiated and so stop performing that contract yourself, you may face a claim for breach of contract. In Vitol v Beta Renowable, Vitol had agreed to buy biofuel from Beta, but Beta had then 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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When is prompt payment in a contract a condition?

Rainer Evers

The Court of Appeal has recently looked at when prompt payment is a condition of a contract in the context of shipping law and charterparties. It had to consider competing High Court authority on the question of whether a charterer’s failure to pay instalments under a time charterparty is a breach of a condition.  In his leading Read More

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