Your search for ‘Fenwick’ returned 2,531 results

Morris brought a claim for personal injuries sustained in a road traffic accident in July 2018. Negligence was not in dispute, and although Morris suffered some injuries...

A Scottish court examines whether a performance bond demand met contractual requirements when the beneficiary's written claim contained general breach descriptions, exceeded the bond's maximum amount, and was signed by someone with an unconventional title. The case explores how courts apply the "reasonable recipient" test to determine if technical imperfections in demand notices should invalidate otherwise clear claims.

In [2024] CSOH 94, Ogilvie contested an adjudicator's £1 million decision, arguing breaches of natural justice over an interim payment application. The court upheld the adjudicator's ruling, noting Ogilvie's failure to argue effectively against ATG's course of conduct defense. Lord Sandison emphasized that Ogilvie had no grounds for a natural justice breach, reinforcing the policy of "pay now, argue later." Unreasonable defenses led to an award of indemnity costs against Ogilvie.

When negotiating construction contracts, it is often the case that either or both parties will want to exclude or limit their liability in some way. For example, consultants will frequently try to limit their liability to match their professional indemnity insurance coverage

In a dispute over FES's entitlement to loss and expense under the SBC/Q/Scot contract, the court upheld the adjudicator's decision that FES's failure to comply with the notice requirement in clause 4.21 barred their claim. Lord Carloway emphasized the clarity of the contract's wording, affirming that notice was a condition precedent for recovery.

The FIDIC Contracts Committee has issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions.

Lapp sought summary enforcement of an adjudicator's decision. Lapp had sent an application for interim payment in the sum of £120k. No payment or payless notice was served.

In late 2022 I had the pleasure of working with both the CLC and the NEC to produce the NEC and CLC Guidance Note for dealing with retentions in NEC3 and NEC4 construction contracts.

The Institution of Civil Engineers ("ICE") has recently published a Payment Notice Dispute Adjudication Procedure (the "Procedure"). In other words, there is now a specific procedure for dealing with "smash and...

A Commercial Court judgment examines whether a broadly-worded settlement agreement covering multilateral interchange fee claims extends to encompass litigation brought by a company that became an associated...

On September 28, 2021, the U.S. Federal Trade Commission (FTC) published a blog post outlining the agency's plans to expand and purportedly strengthen its process for in-depth investigations of transactions (known as "Second Requests")...

The myriad and rapidly evolving impacts of COVID-19, the disease caused by the novel coronavirus, are being felt across society—in the healthcare system, employment, politics and the economy.

On January 17, 2024, the Delaware Supreme Court issued a significant ruling in In re Fox Corp./SNAP Inc. Section 242 Litigation...

In late 2004 the IRS released Notice 2005-1 (the "Notice") which provided initial guidance on then newly enacted IRC Section 409A. Subsequently, in September of 2005 the US Treasury Department released Proposed Regulations to Section 409A of the Internal Revenue Code (the "Proposed Regulations")

On November 17, 2011, Institutional Shareholder Services (ISS) released updates to its proxy voting guidelines. The updated policies will apply to all publicly-traded companies holding shareholder meetings on or after February 1, 2012.

The U.S. Securities and Exchange Commission has issued guidance on the use of financial metrics and has proposed significant amendments pertaining to Regulation S-K's financial disclosure provisions​.

Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some encouraging news regarding their token sales' exposure to federal securities laws.

There is a current debate as to whether we are in a period of high valuations, irrational exuberance or a down-right bubble.