Ms Rebecca Dulieu

Rebecca Dulieu

Updates

Litigation

Supreme Court restates rule on penalties
United Kingdom | 08 December 2015

The Supreme Court has recast the test for penalties to bring it into line with modern commercial practices. The new test is less formalistic and leaves the courts with greater discretion to look at the commercial rationale for a clause. The decision also emphasises the freedom of sophisticated parties to agree default provisions and will thus give parties greater confidence that such provisions are less likely to be deemed unenforceable.

Regulatory regime continues to inform advisory duty in mis-selling claims
United Kingdom | 14 July 2015

The recent case of Anderson v Openwork Limited provides an opportunity to reflect on the current approach of the courts in relation to when a duty of care arises on giving financial advice, the content of that duty and the interrelationship between common law and financial regulation, which continues to be a central theme in mis-selling claims.