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We recognise that some legal developments need to be understood in detail. Our publications and briefings provide an in-depth analysis of commercial and legal developments, as they happen.

News and Views

  • Contractual interpretation – commercial common sense – in or out?

    The recent Supreme Court case of Wood v Capita Insurance Services Limited [2017] UKSC 24, has provided welcome guidance in the area of contractual interpretation. Dismissing an appeal against the Court of Appeal's findings, the court emphasised that where there are rival meanings to a clause, consideration of the words of the contract and commercial common sense both have a role to play in the interpretation.

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  • Parties in a spin – handling design disputes more effectively

    In two recent decisions, both the High Court and the Intellectual Property Enterprise Court have provided useful guidance on how to draft pleadings and conduct trials in registered and unregistered design infringement and validity cases. On the back of these rulings, we have compiled a table of best practice (see below) for the conduct of such disputes.   

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  • The Third Parties (Rights Against Insurers) Act 2010 - is it retrospective and does it run in parallel with the 1930 Act?

    In 2016 the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) came into force. Both the 2010 Act and the 1930 Act of the same name allow claimants to pursue insurers directly for insured losses in the event of the insolvency of the policy holder. The procedures set out in both are, however, distinct. The recent High Court decision of Redman v Zurich Insurance plc and another [2017] EWHC 1919 (QB) considered the interplay between the two pieces of legislation.

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  • Overview reports: HS2 Phase One London to Birmingham and the West Midlands works in each local authority area

    The High Speed Rail (London to West Midlands) Act 2017 (HS2 Act) section 20(1) grants deemed planning permission under Part 3 of the Town and Country Planning Act 1990 (TCPA) for "scheduled works"; the works the Act authorises and described in Schedule 1. This permission is subject to the requirement that certain approvals need to be obtained from the relevant planning authorities under the planning regime established by Schedule 17 to the HS2 Act (section 20(3). The conditions in Schedule 17 are enforceable by the relevant planning authority in accordance with the TCPA.

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  • Employer liable for assaults by doctor on job applicants

    In the recent case of Various Claimants v Barclays Bank Plc [2017] EWHC 1929, the High Court had to decide whether Barclays Bank was vicariously liable for alleged sexual assaults committed by a doctor who had been engaged by the Bank to undertake medical examinations of prospective job applicants.

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