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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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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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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Contracts in English: 3rd Edition

Posted on Nov 29, 2016 in Background, Bugg’s Boilerplate, General, Lawspeak, Seminars

 It’s finally here! It may have been a bit optimistic of me to announce way back in September that a 3rd edition of Contracts in English was already out there to buy. However, I am promised by the publishers that Santa has now indeed flown in the first printed copies in advance for your Christmas stockings! (There is even a special version for Australian readers. You can all enjoy this version by simply holding the book upside down.)* So,...

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New Film Trailer for “The Contract”

Posted on Sep 13, 2016 in Background, Bugg’s Boilerplate, General, Lawspeak

Was it a boring summer up to now ? Are you looking for a bit of light-hearted contractual entertainment of epic proportions — squashed into just a few seconds ? You may be interested in this trailer from the house of Augustin & Bugg. Please remember to regard it as very much tongue-in-cheek. I would not recommend waiting for the final box office release...

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