In this section you will find lists of cases for hearings in the Superior and Circuit Courts. J Don’t include personal or financial information like your National Insurance number or credit card details. In Wood v Capita Insurance Services the Supreme Court contemplated competing interpretations of an opaque indemnity clause in a sale and purchase agreement for an insurance broker. Omers Administration Corporation & Ors (SL Claimants), Manning & Napier Fund Inc, Exeter Trust Company (MLB Claimants) v Tesco plc High Court, Financial List, 2 Jun 2020, 11 weeks . This case was significant as it clarified the application of the severance principle in restraint of trade cases and emphasised the importance of drafting explicit contracts and restrictive covenants. This affirmed that a balance needed to be struck between the two as contractual interpretation is a unitary procedure, hence the decisions in Arnold v Britton and Rainy Sky SA v Kookmin Bank are not at odds. Want to be kept up-to-date with the latest news in the commercial world? Collection and disclosure of data by Commercial Courts, Commercial Divisions and Commercial Appellate Divisions. Because of the success of the pilot program, as of January 1, 2019, Commercial Court became a permanent feature of the Superior Court. or indirectly engage or be concerned or interested in” any business carried out with competitors of EZ UK or the EZ Group for a period of sixth months subsequent to the termination of her employment. We use cookies to give you the best experience on our website. in which the buyers had an interest in securing a broad indemnity clause whereas the sellers had an interest in acquiring a narrow one. Commercial Court cases are governed by Rule 8.1. The Supreme Court upheld the Court of Appeal’s decision in favouring the seller’s narrow interpretation of the contract. Nominated judges of the Commercial Court and of the Admiralty Court. The appellant applied for an injunction to enforce the non-compete clause; it was granted by the High Court which found that the use of “interested in” (in the non-compete clause) did not warrant an unreasonable restraint of trade. In Arnold v Britton, the Court prioritised textualism, whereas in Rainy Sky SA v Kookmin Bank the Court preferred a commercial common sense approach towards interpreting contractual ambiguities. That meant that the legal standards for ‘frustration’ were not met and they were bound to their contractual obligations despite being a European organisation. Vote for a Ugandan, Dr Emma Naluyima, in sh3.7bn Continental... NRM leaders must test for COVID-19 before Presidential Campaign... © 2019 - New Vision. This contract included a non-compete clause in which Tillman agreed that she would not “directly or indirectly engage or be concerned or interested in” any business carried out with competitors of EZ UK or the EZ Group for a period of sixth months subsequent to the termination of her employment. Quiz, Which Silver Circle Law Firm is Right For Me? As a branch of civil law, commercial law cases involve businesses and their commercial transactions within many spheres. In this commercial law case, the Supreme Court considered the circumstances in which an offending portion of a non-compete clause should be severed. insurance and reinsurance. ��ࡱ� > �� p r ���� o �������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� Y� �� � bjbj���� 4H ��\��\{ �� �� �� � � � R R R R R ���� f f f 8 � D � � f �J n ( � � � � q � E D � $ J import, export and transport (‘carriage’) of goods. European Medicines Agency decided to accept the ruling and sublet their Canary Wharf office to WeWork. Photos by Nancy Nanyonga. Cases that we hear include: disputes over contracts and business documents. The Commercial Court is led by the Honourable Justice Riordan as the principal judge. Mr Justice Smith ruled in favour of Canary Wharf, concluding that Brexit did not constitute a ‘frustrating event’ as it did not fundamentally alter the performance of the contract or radically change the purpose of the contract. By default only necessary cookies will be used. Commercial Court cases are governed by Rule 8.1. Other cases that a judge of the Commercial Court considers appropriate; A full list of the type of proceedings that can be heard in the Commercial Court are available in Order 63A of the Rules of the Superior Courts. Commercial law, otherwise known as trade law, is a broad term that includes many different fields like corporate law and antitrust law. The purchaser argued that this loss fell within the scope of the indemnity clause. Following practice directions should be followed and taken care during e-filing of commercial cases in Delhi District Courts. Don’t worry we won’t send you spam or share your email address with anyone. Summary of Commercial Cases Quiz, How Much Do You Know About Employment Law? Quiz, How Much Do You Know About Tort Law? Chartered Legal Executive vs Solicitor? This commercial law case prompted the Supreme Court to reassess the principles of contractual interpretation; it considered the balance between contextualism (the commercial context in which the clause was drafted) and textualism (the literal meaning of a clause). Sponsored by BPP law school and top UK law firms, they offer fantastic insights into the legal profession. However, shortly after her employment came to an end in 2017, Tillman notified EZ of her intention to work for a competitor. Consolidated Report of all Districts for the month of March2020; NSTEP You’ve accepted all cookies. Kindly provide your details to receive the Newvision Newsletter, Vote for a Ugandan, Dr Emma Naluyima, in sh3.7bn Continental shared prize, NRM leaders must test for COVID-19 before Presidential Campaign meetings, Kisekka market NUP brigade fixes damaged Kyagulanyi's car, Why we arrested Amuriat and Kyagulanyi - Police. You can go through the procedure of e-filing to understand the step-by-step process for doing e-filing of commercial cases in Delhi District Courts. The purchaser (Capita) bought a car insurance company and was indemnified “in respect of losses derived from the mis-selling or suspected mis-selling of insurance products prior to the sale” or warranty claims made within two years. Pre-institution Mediation sale of commodities. It also examined the language of the contract which favoured the sellers. This was a landmark commercial law case in which European Medicines Agency argued that their long-term lease office lease in Canary Wharf was ‘frustrated’ by Brexit and the contract could not be fulfilled, as they had to relocate to Amsterdam. "The court has managed to complete all these cases this year during COVID-19 lockdown while adhering to the Chief Justice's guidelines," he stated.He added, "Matters in this court are disposed-off quickly so that people can go back and do business to enable the country grow. The Supreme Court upheld the Court of Appeal’s decision in favouring the seller’s narrow interpretation of the contract. Online Searches and Services . This had two major precedents: Arnold v Britton & ors [2015] UKSC 36 and Rainy Sky SA v Kookmin Bank [2011] UKSC 50. This case had significant implications as it established that Brexit did not provide sufficient grounds to create‘frustration’ and to allow a business to escape contractual obligations. The purchaser (Capita) bought a car insurance company and was. This was found to be an unreasonable restraint of trade which voided the non-compete clause, subject to severance. E-filing has been started for Commercial Cases in Delhi District Courts w.e.f. Show Related Subordinates. primary issues in regards to the enforceability of the non-compete clause: The restraint of trade: the Supreme Court upheld that on the facts, the employment contract in question imposed a restraint on trade and it was permitted to do so, The scope and meaning of “interested in”: the court conceded that the construction of the phrase “interested in” barred Tillman from having any shareholding. Quiz, How Much Do You Know about Criminal Law? Section 19. We use cookies to collect information about how you use GOV.UK. Section 16. Section 20. Explore our events for aspiring lawyers. Find out more about Commercial Court judgments Judges & clerks. Published on November 28, 2019 by Sofia Limpo, European Medicines Agency v Canary Wharf Group [2019] EWHC 335.

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