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Court of Appeal clarifies rules on enhanced relief where claimant beats its Part 36 offer to settle

In Telefónica UK Ltd v Office of Communications [2020] EWCA Civ 1374, the Court of Appeal allowed the claimant's appeal against an order awarding it only two of the four specified forms of enhanced relief available under CPR 36.17(4) after having beaten its own Part 36 settlement offer at trial. The case provides welcome clarity on the proper application of the court's discretion pursuant to CPR 36.17(4) and an important reminder of the cost consequences of failing to beat a claimant's Part 36 offer at trial.

Travelport Ltd and Others v WEX Inc [2020] EWHC 2670: The importance of specific drafting in material adverse effect clauses

On 12 October 2020, the High Court handed down a landmark judgment regarding the interpretation of a Material Adverse Effect ("MAE") clause under a Share Purchase Agreement ("SPA"). This judgment is an as-yet rare example of consideration by an English Court of the appropriate construction of MAE clauses, and of litigation specifically arising as a result of the COVID-19 pandemic.

Businesses could face fines for late payment

The Government is consulting on plans to strengthen the powers of the Small Business Commissioner (SBC) to aid businesses with fewer than 50 staff in the recovery of late payments from larger businesses. Among other things, it proposes that the SBC should be able to impose payment awards and fines.

Post-Brexit plans for UK financial services and fintech: overly ambitious or a phoenix from the ashes?

It has been just over a week since Chancellor Rishi Sunak made a statement to Parliament setting out the Government's approach to financial services following the UK's imminent departure from the EU on 31 December; a statement that has since sparked much debate, intrigue and (cautious) excitement in the fintech, market infrastructure and payments space. 

Jalla v Shell: A blow to US style "class actions" before the English courts, or welcome clarity on "same interest" test under CPR 19.6(1)?

The English courts have, until recently, shown reluctance to encourage the kind of "class-action" regime so beloved in the US. This mechanism can provide easier and cheaper "rough justice" to potentially cash-strapped claimants against deep-pocketed corporations, and can get cases through the court system faster.

Court of Appeal confirms that "goodwill" will, in the absence of clear words to the contrary, be given its ordinary legal meaning

In Primus International Holding Company & Ors v Triumph Controls – UK Limited & Ors,1 the Court of Appeal has confirmed that, unless there are clear words to the contrary in a contract, the ordinary legal meaning of a particular term (in this case, "goodwill") will be preferred to an unusual or non-legal meaning.

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