The first half of 2017 has seen a number of significant decisions from the English Courts; this briefing provides an overview of 5 of these cases, and considers their possible implications going forward. The topics covered are:
- Compensation for breach – what amounts to mitigation?
- Arbitration agreements and competition claims – will a court stay competition damages proceedings in favour of arbitration?
- Asymmetric jurisdiction clauses – are they exclusive?
- Submission to jurisdiction – when has a Defendant gone too far?
- Third party funders and security for costs – when is it appropriate to order costs against funders?