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High Court Stamps Out Collateral Attack on £3.8 Million Arbitration Award

One of the primary objectives of the justice system is to achieve finality in dispute resolution and, as one High Court case strikingly showed, judges are astute to prevent collateral attacks on contract arbitration awards by dissatisfied parties. The relevant arbitration concerned a contract by which two corporate lawyers (lawyers A and B) had agreed to...

Dishonest Premier League Manager Receives £3,776,000 Bill

Employers have a right to expect that their workers will honour their contracts and behave honestly. In one case where that signally did not happen, the manager of a Premier League football club who lied his way to a £2 million bonus was hit hard in the pocket first by arbitrators and then by the High Court. The club had agreed to pay the manager the bonus if...

Doing Deals over the Phone? Make Sure You Confirm in Writing!

Doing deals over the phone is a hazardous business and agreements should always be confirmed formally in writing, preferably by a lawyer. In one case that strikingly proved the point, an estate agent sacrificed a substantial commission due to his failure to reach a binding contract with the vendor. The vendor of eight flats had a phone conversation with the...

Similarly Named Plumbing Retailers in Internet Keywords Row

Online businesses can stand or fall on the acquisition of Internet ‘keywords’ that put them first on search engine listings – but what happens if two competing companies have very similar names? The High Court considered that issue in the context of the online plumbing business. Two companies, competing in the plumbing field, did most or all of their...

High Court Enforces $74 Million Gas Pipeline Arbitration Award

There would be very little point in commercial arbitration awards if the courts did not enforce them, but losing parties do have a tendency to wriggle on the hook. In one case, however, the High Court gave unequivocal backing to a $74 million award in respect of a dispute concerning a gas pipeline in Indonesia. Two natural resources companies entered into a gas...

Dodgy Alternative Investment Companies Shut Down by High Court

There is nothing wrong with capitalism, but it is an essential role of government to ensure that companies do not operate against the public interest. In one case that proved the point, the High Court compulsorily wound up two companies that had missold objectionable investments to the public. The companies were alleged to have used misleading marketing material...