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Dispute resolution
Breach of duty is not enough to bring a claim for negligence in England
High Court decision serves as reminder that a claimant must prove all constituent elements of a claim in negligence
Tax
UK financial institution notices: HMRC doubles down on customer location and employee data
HMRC's report provides several important updates for financial institutions on its use of information notices
Regulatory and compliance
The Procurement Act 2023 brings new rules for frameworks and dynamic markets
The changes that are set to be introduced later this year could prove useful for both suppliers and authorities
Intellectual property
Updated EPO examination guidelines address AI, accelerated oppositions and antibody claims
The European Patent Office's new guidelines entered into force on 1 March
Real estate
UK Upper Tribunal confirms 'period of reasonable belief' requirement for adverse possession
There must be 10 years of reasonable belief of land ownership immediately prior to the date of application
Commercial
English High Court considers limitation of liability for dishonest breach
The case reinforces the importance of clear drafting and the courts' literal approach to interpreting clauses
Real estate
UK Court of Appeal rules in favour of developer on interpretation of restrictive covenant
The words 'and also' demonstrate the importance of contractual interpretation when considering modification of covenant
Real estate
First-Tier Tribunal rules against building owner in first contested remediation contribution order
'Just and equitable test' when requiring a party to contribute to remediating costs under the Building Safety Act 2022
High Court rules in UK’s third-ever cartel damages judgment
Osborne Clarke acts for successful corporate claimants in damages claim relating to a worldwide LCD panels cartel
Real estate
Dutch Supreme Court receives preliminary questions on rent modification clauses
Subdistrict courts have recently been ruling on lease agreements with a focus on unfair terms and modification clauses
Dispute resolution
UK Litigation Brief | January 2024
Welcome to the latest edition of Osborne Clarke's Litigation Brief
Dispute resolution
New reforms bring further digital efficiency to Spain's judicial proceedings
The digitalisation and streamlining of Spain's administration of justice continues but loopholes still need be addressed
