- October 16, 2019
Flexidig v Coupland – claims in economic torts
The recent TCC decision in Flexidig Ltd v A Coupland (Surfacing) Ltd piqued my interest. My first thought was why did Flexidig commence proceedings against Coupland, and why did it bring the claim that it did? It provides a rare example of the tort of procuring a breach of contract arising in the construction context … Continue reading Flexidig v Coupland – claims in economic torts →
- December 5, 2018
Nottingham Forest 1 – 0 Entire Agreement
A recent decision from the Chancery court offers some helpful guidance on the interaction between entire agreement clauses and claims for misrepresentation. Many practitioners may be under the impression that an entire agreement clause has the effect of defeating a claim in misrepresentation. However, this case shows that is not necessarily the case. If parties … Continue reading Nottingham Forest 1 – 0 Entire Agreement →
- November 29, 2017
No smoke without fire
Where there’s smoke, there’s fire. That might be a self-evident feature of a fire, but what can be far harder to establish is what caused the fire in the first place. This is the challenge the courts face in fire disputes, whether on construction projects or otherwise, where the evidence you would normally rely on … Continue reading No smoke without fire →