Introduction
This Supreme Court decision raises the question of what post-breach actions of a claimant are taken into account in calculating loss, and which actions are disregarded under legal causation and mitigation principles. In particular, when can a claimant that managed to profit from breach nevertheless recover loss? Continue reading
What’s changing?
The new Pre-Action Protocol for Debt Claims comes into force on 1 October 2017 and will apply to any debt claimed by a business (including sole traders and public bodies) from an individual (including a sole trader). It does not affect business-to-business debts (unless the debtor is a sole trader) or where the debt is governed by a separate pre-action protocol, such as in respect of construction or mortgage arrears possession claims. Continue reading
In a common law jurisdiction, the law proceeds by principle intertwined with precedent. When judges give talks about the law, they often focus exclusively on precedent. Lord Sumption has taken a different approach. His talks focus on points of principle: witness his speech to the Chancery Bar Association on Reflexions on the Law of Illegality on 23 April 2012. He is unafraid of being seen as outspoken in differing from judges and, indeed, generally (witness his talk, Home Truths about Judicial Diversity, 15 November 2012). Continue reading