In May 2024 a Minnesota US appeal court held that a manufacturer’s warranty for a tractor to “repair or replace any part which is found to be defective in workmanship and material” unambiguously did not include design defects. The warranty excluded liability for any other warranty “express or implied as to quality, performance or freedom

Two directors of a joint venture company challenged a decision by one of the joint venture corporate partners to replace them as directors of the joint venture company. They had been removed as directors in terms of a resolution of the joint venture partner (a Communal Property Association). The shareholders agreement provided for replacement of

In May 2024 the UK Supreme Court held that a requirement that a party to a general force majeure clause is obliged to adopt “reasonable endeavours” to overcome a force majeure event does not include accepting an offer from the other party of non-contractual performance unless there is clear wording to that effect in the

The trustees of a trust which had invested money through a trust administration company whose directors had misappropriated the funds failed in its action against the investment manager of the funds which innocently paid out the funds to the trust administration company. The court held that the investment manager had not acted wrongfully nor negligently

In May 2024 the Federal Court of Australia held that an insurer’s primary obligation to meet the costs of reinstatement of damaged insured property necessarily extends to the cost of remediating any further damage to the property which is relevantly connected to that primary obligation. This principle applies regardless of whether the insurer’s obligation is

This blog was co-authored by Michael McCarthy, trainee associate, litigation insurance.

On 20 March 2024 the Financial Sector Conduct Authority published a number of administrative sanctions for financial services providers who had failed to comply with the Financial Intelligence Centre Act (FICA). The FSCA, the supervisory body responsible for financial services providers under FICA, issued