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
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
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