Welcome to the first issue of the TRG Update in 2022.
In this edition we feature cases covering:
- The latest on ‘all reasonable endeavours’ and express duties of ‘good faith’;
- Damages for inappropriate harvesting of personal data;
- Whether recoverable legal costs are within a contractual cap on liability?
- Lessons in drafting ‘full and final’ settlements.
In the coming year, if you need first class legal advice in relation to the drafting or interpretation of any commercial contracts at very reasonable rates, please do get in touch. We would be delighted to hear from you.
An archive of several hundred decided cases which have featured in our Updates spanning almost twenty years is available here.
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The latest on all reasonable endeavours
Brooke Homes v Portfolio Property Partners (High Court) [2021]
‘Endeavours’ commitments of different varieties in contracts are commonplace but they are often recipes for uncertainty and disagreement. The courts have, as a result, had several attempts at trying to spell out what sort of commitment they represent and this case was the latest example ... More>>>
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Damages for inappropriate harvesting of personal data
Lloyd v Google (Supreme Court) [2021]
Data controllers and their data processors spend many hours discussing the allocation of risks arising from GDPR breaches. Partly, this is because of the huge potential financial risks involved both from fines and large damages claims, particularly where large numbers of data subjects are affected. This case perhaps offers some re-assurance that the courts are willing to limit applicable damages in appropriate cases and suggests that representative class actions involving many thousands of claimants will not be quite as attractive as some may have thought / feared ... More>>>
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Are legal costs within a contractual cap on liability?
Equitix Biomass v Fox (High Court) [2021]
Legal costs are always a critical factor in the decision whether or not to litigate. It is therefore, perhaps surprising that, to our knowledge, no case has, until now, ever considered the question as to whether a limit of liability applies only to the damages awarded or includes any award of legal costs ... More>>>
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Lessons in drafting ‘full and final’ settlements
Global Display Solutions v NCR (High Court) [2021]
This case considers the scope of a ‘full and final’ settlement and demonstrates that, in drafting terms at least, sometimes ‘less is more’ ... More>>>
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© TRG Law Limited 2022
TRG Updates contain
practical summaries of important legal developments in commercial
contract law, including information technology and related areas.
TRG BRIEFings are brief ‘alerts’ to key contract, technology and intellectual property related legal issues and developments.
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Paul Golding
Tracey Tarrant
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