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Limitation of Liability in Contracts

In commercial contracts and now increasingly in consumer clauses one of the standard clauses is to include a cap on liability in the event of a claim. Increasingly in commercial contracts there are multiple caps with separate financial limits applying to each claim rather than a single aggregate cap. In the case of multiple caps…

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Does a Court Sanctioned Sale Give Receivers Immunity?

The Court of Appeal’s recent decision in Denaxe Limited v Cooper & Anor is an important one for insolvency office-holders and trustees seeking court approval for a significant transaction, typically a commercial decision to sell business assets as a going concern. In this case, receivers sought and obtained the court’s approval in June 2019 to sell…