Reasserting the distinctive character of share-holder remedies in Scotland - Wilson v Inverness Retail and Business Park Ltd

Juridical Review. Looks at the question of whether an individual shareholder has title to bring an action on the company's behalf in exceptional circumstances, as considered in the cases of Anderson v Hogg and Wilson v Inverness Retail & Business Park Ltd. Examines the difference between English and Scottish law in this area, notwithstanding the reliance on English case law in Scotland due to the small number of Scottish cases decided. Looks at progress towards the reform of company law and the impact it will have on a shareholder's title to sue.

Contractual termination of leases: lessons from the Commonwealth - Part 1

In the first of a three-part article, the writers consider the extent to which the contractual termination of a lease by frustration and acceptance of a repudiatory breach has been accepted in Commonwealth case law, notably Canada, the United States and Australia.

EC v Hungary 2012

Case law report - online

A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil

The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.

Davies v Sandwell Borough Council 2013

Case law report - online

Leach v OFCOM 2012

Case law report - online

Abercrombie and others v Aga Rangemaster 2012

Case law report - online

Anderson v London Fire and Emergency Service 2012

Case law report - online

Asif v Elmbridge Borough Council 2012

Case law report - online

Assamoi v The Spirit Pub Company 2012

Case law report - online

Bent v Central Manchester University Hospitals NHS Trust 2012

Case law report - online

Birmingham City Council v Abdulla

Case law report - online

Catholic Child Welfare Society v Institute of Brothers 2012

Case law report - online

Drake v Ipsos Mori Ltd 2012

Case law report - online

Dziedziak v Future Electronics Ltd

Case law report - online