In March 2017 the High Court considered the extent of the duty of care which a bank owes to a retail customer to whom commercial borrowing facilities had been extended. The transaction in this case involved switching borrowing from a variable rate to a fixed rate for a term of 10 years. The claim against […]
Category: Legal Update
A witness’ worth
For most people who contemplate and then embark upon litigation, the prospect of appearing on the witness stand at trial is far from appealing. Legal scenarios that play out on television often have a revelatory moment when a character is on the witness stand either giving evidence or being cross examined. However, the reality is […]
Have common law remedies been excluded?
Under common law, when a party breaches a contract it will normally be required to pay damages to the innocent party by virtue of the available “common law remedies”. The intention is to compensate the innocent party for the damage suffered that resulted from the defaulting party’s breach, putting it back into the position it […]