Know your limitations — litigation and dispute resolution
Inserting an exclusion clause into a contract will reduce a party’s liability to pay damages but it will increase the chances of an injunction being made on the basis that damages are not an adequate remedy. That is the effect of the recent Court of Appeal decision in AB v CD [EWCA] Civ 229.
In AB v CD, the claimant sought an interim injunction restraining the defendant from terminating a licence to use an internet-based marketing platform.
The claimant argued that damages would not be an adequate remedy if it was subsequently decided (at an arbitration) that the defendant had wrongfully terminated the licence, because an exclusion clause in the licensing agreement prevented the claimant from recovering damages for all of its losses…
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News from The Lawyer
Briefings from Macfarlanes
M&A Weekly Update: forced sale of shares does not qualify as ‘an offer to the public’ requiring publication of prospectus; and more
Macfarlanes has released its M&A Weekly Update for the period 27 June to 3 July 2014.
Investment Management Update — 4 July 2014: FCA Handbook Notice 13; ESMA updates Q&As on AIFMD; and more
Macfarlanes has released the 4 July 2014 issue of its Investment Management Update.
Analysis from The Lawyer
As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014.
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