REUTERS | Luke MacGregor

A recent Court of Appeal decision, Armchair Answercall Limited v People in Mind Limited, confirms that there is a high hurdle for establishing that a contract has been frustrated. The court’s consideration of the doctrine of frustration is welcome, because it is rarely dealt with in case authorities. Continue reading

REUTERS | Navesh Chitrakar

The underlying facts of this case (alleged negligence by the defendant in conducting due diligence of a transaction code-named “Project Pigeon”) are less significant than the potentially wide-ranging consequences of the decision for the time within which documents must be served in order to comply with the Civil Procedure Rules (CPR). Continue reading

REUTERS | David Gray

On 26 October 2016, the Full Court of the Federal Court in Australia delivered its judgment in Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited. For the first time, this approved an application to conduct class actions on a common fund basis. It paves the way for litigation funders in open class actions to obtain fees from class members, but without needing to enter into funding agreements. Continue reading