Duty bound: What should a solicitor do when confronted by a mistake by the other side?
Two recent high profile cases throw a spotlight on this question.
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Two recent high profile cases throw a spotlight on this question.
In Phones 4u Ltd (In Administration) v EE Ltd (2018), the High Court struck out EE's claim for £200 million in damages because of the wording of a letter terminating its distribution arrangements with Phones 4u. The letter was effective in terminating the relevant contract only in exercise of EE's right under a contractual provision allowing termination for insolvency - and not for alleged repudiatory breach by Phones 4u under common law.
In Phones 4U Ltd (In Administration) –v- EE Ltd [2018] EWHC 49 (Comm), the High Court ruled that EE's counterclaim for damages for loss of bargain had no real prospect of success on the basis that the terms of a termination letter sent by EE were effective in terminating the relevant contract only in exercise of its right under a contractual provision and not in the acceptance of an alleged repudiatory breach by Phones 4U under common law.
In VB Football Assets -v- Blackpool Football Club (Properties) Limited (formerly Segesta Limited) & Others [2017] EWHC 2767 (Ch), the High Court ordered that the majority shareholder of Blackpool Football Club Limited (Blackpool FC) purchase the minority shareholder's entire interest in the company, following the minority shareholder's successful petition alleging unfair prejudice.
An update from the Candy brothers litigation
When should benefits arising following a breach of duty be brought into account when assessing loss?
A binding contract requires the four elements of offer, acceptance, consideration and intention to create legal relations.
The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (the "ODR Regulations") introduced the European Commission's online dispute resolution platform (the "ODR Platform"), with effect from 15 February 2016.