Maritime Disputes Newsletter – March 2020: Other Notable Decisions27 March 2020
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Scroll down for decisions on general contract topics made by the English courts.
Check your (legal advice) privilege
The Court of Appeal recently revisited the thorny issue of Legal Advice Privilege, providing some much-needed clarification on when it will apply, particularly in the context of communications sent to multiple addressees.
Click here for the FULL ARTICLE which includes some important practical lessons from the case for those who have been or may be involved in a marine casualty or incident.
Risks of unclear drafting highlighted by Court of Appeal
The Court of Appeal has provided a valuable reminder of the importance of clear drafting, holding that while an agent was not entitled to a specified introduction fee where a property sold for less than the price stipulated by the parties, he could still bring a claim for unjust enrichment.
Asymmetric jurisdiction clauses covered by lis pendens rules in Recast Brussels Regulation
In a useful clarification on the effect of jurisdiction clauses commonly found in financing agreements, the Commercial Court has confirmed that asymmetric jurisdiction clauses will be covered by the lis pendens rules in the Recast Brussels Regulation, concerning what happens where there are parallel proceedings involving the same action and the same parties in different EU Member State courts.
Supreme Court upholds first successful claim for breach of Quincecare duty of care
In what may be the final nail in the coffin for the decision in Stone & Rolls v Moore Stephens, the Supreme Court has held that the fraudulent actions of a company’s director and sole shareholder could not be attributed to the company so as to enable a bank to escape liability for breach of its Quincecare duty to use reasonable skill and care when executing a customer’s orders.
