ESMA and FCA sign memorandum in case of no deal Brexit

  In light of the ongoing uncertainty surrounding the United Kingdom (“UK”) departure from the European Union (“EU”), regulators and institutions on both sides of the channel have taken a range of initiatives in order to counteract the most dramatic consequences...

Penalty clauses

In the recent case of Holyoake and Candy (June 2018), the Court of Justice clarified the interpretation of the penalty rule, and how careful drafting can take a clause outside the scope of the rule. THE PENALTY RULE AND ITS POTENTIAL WIDE APPLICATION TO CONTRACTS...

Implied contract claim

In Standish (“Standish”) and RBS (“RBS”) [2018], the High Court ruled that an alleged overarching agreement between the parties could not arise by implication. THE FACTS Standish were shareholders in a company which suffered financial difficulties, who were...