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The judgment in Renewable Power & Light Ltd v McCarthy Tetrault & Ors looked at the court’s approach to indemnity agreements for costs and losses suffered by one party in legal proceedings brought by the other.
The courts can and will order professional funders of hopeless litigation to pay costs on an indemnity basis
In Excalibur Ventures LLC v Texas Keystone, Excalibur’s claim for $1.6bn in relation to an alleged interest in a profitable oil field in Kurdistan was dismissed, with indemnity costs ordered against it.
In Playboy Club London v Banca Nazionale Del Lavoro Spa, the claimant sought to recover losses it had sustained following a reference given by the bank for one of its customers.
A recent Supreme Court case has turned on its head the position on the limitation period (prescription period under Scottish law) that has been in place for some 40 years.
Accountability — July 2014: expert witnesses must disclose all potential conflicts of interest; and more
Accountability highlights the legal and industry news affecting accountants and other professionals on a range of liability risk management issues.
Finance litigation briefing — May 2014: credit agreement conditional upon survival of supply agreement
In Durkin v DSG Retail Ltd, Durkin entered into a debtor-creditor-supplier agreement to fund the purchase of a computer.
The Royal Court in Jersey has ruled that a private trust company seeking to bring claims for breach of trust could not benefit from empêchement d’agir.
For a duty of care to be established in a personal injury claim, foreseeability of harm on its own is not enough; proximity between the parties is also required.