Case Law Update –Enviroco Limited v Sartad Supply A/S –The meaning of “Subsidiary”
Considered by many as a shock decision, the Court of Appeal have handed down Judgment on the meaning of a subsidiary under sections 736 and 736A of the Companies Act 1985 (now section 1159 of the Companies Act 2006).
Facts
The case was concerned about [...]
The Duty to Mitigate
The Court of Appeal recently considered an innocent party’s duty to mitigate its loss and confirmed that it was for a party in breach of contract to demonstrate that there has been a failure to mitigate but that the duty to mitigate was not a demanding one.
Lombard North Central Plc [...]
The Court of Appeal has given Judgment in a case involving a Trade Association’s website. The site listed installers but without distinguishing full members from affiliate members. Full members were vetted by the Association and were covered by a bond and warranty scheme but affiliate members were not. The case highlights the need to give [...]
