How much? Assessing Damages for NDA Breach

Posted on Apr 20, 2017 in Background, Bugg’s Boilerplate, General

Once you prove a contract breach by the other party, you can always ask for damages, but how much will you get? In the High Court a £15 million contract claim has recently been reduced to a mere £2! Generally, under English contract law damages must be based on the loss (so-called “reliance” or “expectation” damages) resulting from breach or a contract not being duly performed. Furthermore, English contract law now...

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Friends at Last: Textualism and Contextualism

Posted on Apr 7, 2017 in Background, Bugg’s Boilerplate, General, Lawspeak

English Law and Interpreting Contracts The latest UK Supreme Court decision  (Wood v Capita Insurance Services Ltd [2017] UKSC 24) shows how far the courts have travelled with their jurisprudence over the decades when its comes to contract interpretation. In English law the interpretation (“construction”) of a contract is a matter of law. The long legal journey started with the orthodox or “objective” approach set out in...

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Having Translation Nightmares ? German Law Contracts in English

Posted on Mar 31, 2017 in Background, General, Lawspeak, Seminars

Translators beware! Your time is running out… Last chance for this year! On 28-29th April I will be holding a specialist two-day workshop designed not only for lawyers but also for translators and all those working with commercial contracts in English. The meeting is intended to deal with the language and legal problems encountered when trying to put German contracts into English. (Not all the answers are in the internet or the...

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Confidentiality and Damages – the saga continues

Posted on Mar 3, 2017 in Background, Bugg’s Boilerplate, General, Lawspeak

Following on from my comments in February (“Mum’s Liquidated Damages”), we are again dealing of with the issue of whether enforceable damages claims in English law can be somehow based on pre-estimated or “hypothetical” loss. In other words, can you claim for damages for breach of confidentiality even if there is no actual damage that can be established in a particular case? The white knight of the High Court in...

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The First Costs of Brexit

Posted on Feb 14, 2017 in Background, General

The high drama of Brexit-related events is already having an impact in the English courts.   In the recent case of Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA [2016] EWHC 3421 (Patent Court) a German company prevailing in a High Court patent claim also successfully obtained compensation for the dramatic fall of the British pound following the so-called “Brexit” referendum.   Although the United Kingdom’s...

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Mum’s Liquidated Damages

Posted on Feb 14, 2017 in Background, Bugg’s Boilerplate, General

“Mum’s the word” is a traditional English saying to explain that everything is to be kept secret. You may want to remember the short sentence as a useful business imperative when working with a non-disclosure agreement (NDA), a.k.a “confidentiality agreement”. In other words, a company should not simply rely on a confidentiality agreement alone. The flow of information must be actively managed, monitored and...

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2017 Nürnberg Seminars

Posted on Jan 20, 2017 in Background, General, Lawspeak, Seminars

As the New Year starts to run away from us, I thought it would be a good time to put out a reminder of upcoming seminars I am organising in 2017 in Nürnberg. In response to numerous requests, we have developed a three-part set of one-day seminars on Legal English designed for trainees and paralegals. The first of the sessions will be at the end of March 2017. If somebody in your office is interested in extending or refreshing their Legal...

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Season’s Greetings

Posted on Dec 19, 2016 in General, Lawspeak

With best wishes for the Christmas Season and a peaceful, relaxing and rewarding time with family and friends. All the best for 2017! Stuart Bugg  

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