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6 November 2013

High Court finds contract to have been formed in two different jurisdictions

In the case of Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc [2013] EWHC 2968 (Ch), the High Court has found that, for the purposes of establishing whether the English court has jurisdiction, a contract was formed in two different jurisdictions. 

16 October 2013

High Court allows extension of limitation period in libel claim for “reasonable” delay

In the case of Raymond Russell Bewry v (1) Reed Elsevier UK Ltd (t/a LexisNexis) (2) Reed Business Information Ltd (t/a Community Care Inform) (2013) the Queen’s Bench Division of the High Court of Justice allowed an extension of the time limit to bring a claim for libel under section 32 of the Limitation Act 1980. 

Katie Allard

23 September 2013

High Court further highlights increased focus on procedural compliance following April 2013 CPR reforms

In the case of Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB) the Queen’s Bench Division of the High Court of Justice set aside an order granting an extension of time made under CPR 47, on the grounds that the application was submitted out of time. 

Katie Allard

22 March 2013

Defamation defence: honest comment or statement of fact?

“Honest comment” on a matter of public interest is one of the principle defences to an action for defamation (the others being justification (i.e. truth), absolute and qualified privilege). The defence of honest comment (or fair comment as it used to be known) reflects the protection that English law affords to an honest person who expresses an opinion, however “prejudiced, exaggerated or obstinate” that view may be. Aside from the requirement that the comment must be on a matter of public interest, it must also be based on facts which are true and the comment must be recognisable as comment as distinct from an imputation or statement of fact. A statement of fact which is not true and tends to make people think worse of a person or exposes him or her to ridicule, may well be defamatory.

28 January 2013

High Court considers the perimeters of disclosure under audit clause

In the recent case of Transport for Greater Manchester v Thales Transport & Security Ltd [2012] EWHC 3717 (TCC), the High Court considered the extent to which a supplier must disclose information pursuant to an audit clause under a contract for the supply of goods and services.

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