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Commercial Disputes Move Fast But Judges Can Hold the Ring

Commercial disputes can move very fast but the High Court has power to hold the ring and ensure that no irreversible losses are suffered pending a resolution. Exactly that happened in one case concerning a loss-making overseas oil drilling project. The rights of those participating in the project were governed by a joint operating agreement which provided for...

Rain Is Inevitable But the Damage It Causes is ‘Fortuitous’

As anyone who lives in England knows all too well, rain is inevitable. However, in an important decision for the construction and insurance industries, the High Court has ruled that damage caused by heavy precipitation during a road-building project was nevertheless ‘fortuitous’, and thus covered by an all-risks policy. A company that had been contracted to...

Kit Kat Shape Cannot Be Trade Mark, Rules Court

The long-running ‘chocolate wars’ between Cadbury and Nestlé over the shape of the Kit Kat has led to a judgment today from the Court of Appeal. The case resulted from an attempt by Nestlé to register the shape of the Kit Kat as a trade mark applying to chocolate products in the UK. Cadbury opposed the trade mark application, mainly on the ground...

Buying a Home Together? Do The Title Deeds Reflect Your Contributions?

Loving couples often contribute together to the cost of buying a home. However, if legal advice is unwisely dispensed with, such arrangements are often not recorded on title deeds and, as one tribunal case showed, that can store up serious trouble for the future. The case concerned a couple who, despite having been through an Islamic wedding ceremony, were not...

Planning Decisions Must Be Consistent and In Line With Published Policy

The Secretary of State for Communities and Local Government has broad planning powers, but he has to exercise them consistently and in accordance with his own published policies. The High Court powerfully made that point in breathing new life into proposals for 400 new homes in the heartland of racing near Newmarket. The proposed development on farmland was...