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Contentious Business Update – July 2022

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Welcome to our Contentious Business Update

We focus on some topical and interesting legal issues affecting businesses. We hope you find this edition informative and insightful.

Many businesses are feeling the pinch from exceptional increases in the cost of raw materials and fuel. For parties tied into longer-term supply contracts at fixed prices, these exceptional increases will be having a direct effect on profitability.  We look at what businesses can do when faced with such uncertainty. Read more

In Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440, the Court of Appeal found that the High Court was wrong to conclude that a contractual exclusion for loss of profit, revenue and savings prevented a claim by the customer against the IT supplier for wasted expenditure. We consider the implications of this decision. Read more

has come into force enabling the court to direct that small claims disputes should be decided on paper without a hearing and does not require the agreement of all parties. Read more

Swift on the heels of their successful prosecution of Petrofac Ltd the SFO has secured convictions in its investigation into Glencore (UK) Ltd and Glencore Energy (UK) Ltd. All companies operating internationally must ensure that they have adequate procedures in place in order to prevent bribery. We examine the principles to consider. Read more

We look at a professional negligence claim against a firm of solicitors which reiterates that when providing advice even unlikely outcomes ought to be properly considered and advised upon. The case also looks at the impact of PD57AC on Trial Witness Statements. Read more

The High Court’s recent judgment in Banks-v-Cadwalladr [2022] EWHC 1417 provides a detailed analysis on various aspects of the law on defamation, in the context of allegations made by a journalist against a high-profile individual. Read more