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Archive: November 2021

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Guidance on the new practice direction for witness evidence at trial

November 30, 2021

The High Court has provided helpful guidance on the requirements of Practice Direction 57AC

A warning on incorporating standard terms by reference

November 23, 2021

A recent decision is a timely reminder that where parties are seeking to incorporate their own standard terms by reference, particularly burdensome clauses (even if they are standard across the industry) should be drawn to the attention of the other party.

Which time zone applies when a contract is silent?

November 17, 2021

The Commercial Court considers the general rules for determining times/dates where an agreement is silent as to the applicable time zone.

Good news for data controllers: Lloyd v Google Supreme Court decision

November 10, 2021

The UK Supreme Court handed down the much anticipated judgment in Lloyd v Google LLC [2021] UKSC 50, unanimously allowing Google’s appeal and reversing the decision of the Court of Appeal.

On the stroke of midnight

November 10, 2021

The Supreme Court clarifies the day counting rule for causes of action accruing at midnight

Transaction avoidance claims and the change of position defence

November 09, 2021

The High Court clarifies whether there is a ‘change of position defence’ to transaction avoidance claims by insolvency practitioners