Ms Emma Griffiths

Emma Griffiths

Updates

Litigation

Court of Appeal provides timely reminder of principles relating to clear and unambiguous contractual negotiations
United Kingdom | 21 February 2017

A recent Court of Appeal decision confirms established principles about the significance of the whole course of dealings when establishing whether a contract has been formed and the effect of denoting such dealings as 'subject to contract'. It also serves as a timely reminder of how to progress contractual negotiations so as to avoid uncertainty and potential disputes later on.

When does a bank have a duty to advise on onerous contractual terms?
United Kingdom | 16 August 2016

The High Court recently considered whether a lender owes a duty, in contract or in tort, to a borrower to advise it of onerous terms within a loan agreement. Significantly, the court observed that there is no general duty in tort for banks to advise customers, and that a bank will be found to have this advisory duty only in exceptional circumstances.

Retainers and assumed responsibility for third parties – draw your parameters at the outset
United Kingdom | 12 April 2016

In Caliendo v Mishcon de Reya the High Court recently found that there was no implied retainer between Mishcon de Reya and the claimant shareholders of a company for which Mishcon was acting in relation to a sale of shares. However, taking into account the context of the relationship between the parties, Mishcon had assumed responsibility to the claimants and owed them a limited duty of care.

Supreme Court broadens scope of freezing order wording
United Kingdom | 24 November 2015

A recent Supreme Court decision has clarified the scope of the standard form Commercial Court freezing order, holding that the right to draw down moneys under a loan agreement can be an 'asset' where the extended form freezing order is granted. This is the first time that the Supreme Court has given guidance on post-2002 standard form Commercial Court freezing orders and its interpretation turned on the strict construction of the wording of the order.

One-stop adjudication – the rational approach to dispute resolution
United Kingdom | 09 June 2015

The Commercial Court has found that an arbitration clause in a consultancy services agreement was superseded by a dispute resolution clause in a later settlement agreement, and that the dispute resolution clause should apply to disputes arising from both agreements. The court applied the presumption for 'one-stop adjudication' – the presumption that rational businesspeople will wish to resolve all disputes in one forum.