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Court of Appeal Attempts to Cut Gordian Knot(weed)

A second article by John Clargo on significant recent judgments on Japanese Knotweed nuisance. This article considers county court cases in 2017 and 2018, and the Court of Appeal judgment in 2018.


Case Reports

Case comment: Phones 4U Ltd (In Administration) v EE Ltd [2018] EWHC 49 (Comm)

To what extent can a termination letter preserve rights under the contract? Can a party sue for damages for breach following termination, if that termination was done under a contractual termination clause and not for breach? A High Court (Comm) decision from January by Andrew Baker J has provided guidance.

Case Analysis: Interactive E Solutions JLT & Anor v O3b Africa Ltd

This is the latest in a line of modern Court of Appeal decisions in relation to exclusion clauses, their proper construction and the manner of their operation. The unusual aspect of this case related to a “carve-out” within the exclusion clause in relation to fraud and how that, in particular, was to take effect.