Businesses are naturally keen to emphasise the benefits of their products, but where promotional claims are false and have contractual effect the financial consequences can be severe. A company which sold underperforming laser hair removal devices found that out to its cost when it was
The pressure on financial traders means that deals are often struck during telephone calls that last minutes or even seconds, creating an obvious risk of costly misunderstandings, as was shown by a recent High Court case concerning the sale of debt instruments worth millions at
There is nothing wrong with businesses painting themselves in a glowing light, but if marketing hyperbole strays into the realms of fraud the law takes a very dim view. In a case on point, the High Court came down hard on a company which falsely
Judges have power to overturn arbitration awards if the proceedings have been infected by serious irregularity – but does that extend to a failure to give adequate reasons? In a guideline decision of interest to anyone engaged in commerce, the High Court has answered that
Sovereign powers are not like ordinary commercial partners and dealings with them are complicated by considerations of diplomacy and state immunity. A landmark Court of Appeal ruling will, however, make it much easier to enforce judgments against them. A defence contractor had obtained an award
The principle of sovereign immunity means that commercial dealings with foreign powers can be particularly hazardous. However, in a guideline decision, the High Court opened the way for a bank to seek enforcement of a $250 million debt against an African state and its government.
When the outcomes of public contract tendering exercises are challenged, the award of contracts is automatically suspended in order to hold the ring. As a High Court case concerning a multi-billion-pound railway contract showed, deciding whether such suspensions should be lifted involves a delicate balancing
