On 11 July 2018, the All Party Parliamentary Group (“APPG”) on Fair Business Banking published its long awaited report entitled “Fair Business Banking for All – How to improve access to justice for business in financial services disputes”. In its report, the APPG highlight several, fundamental, problems that companies, particularly small to medium enterprises (“SMEs”),…
Court Of Appeal Clarifies Application Of UCTA Test Of Reasonableness To Non-Reliance Clauses In First Tower Trustees Limited and another v CDS (Superstores International) Limited[1] the Court of Appeal held that a non-reliance clause giving rise to a contractual estoppel amounted to an exclusion of liability for misrepresentation and was therefore subject to scrutiny under…
In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited [2018] EWCA Civ.1468, the Court of Appeal was asked to decide whether the rule against reflective loss applies to unsecured creditors who are not shareholders of the relevant company. What is the rule against reflective loss? The rule against reflective loss was best…