Contact: Stephen James; Clarkslegal LLP (Reading, England)

The rule of thumb in English litigation is that the loser pays the winner’s costs. There are three occasions where the Court might depart from this presumption:

  • Where the successful party has failed to beat an offer made by the losing party earlier in the proceedings
  • The legal costs of the parties are entirely disproportionate to the sums in dispute
  • Where the conduct of the successful party is such that they should be disqualified from receiving their legal costs

The recent case of Saigol –v- Thorney brought into play all of these factors.

Read more: When is an Offer not an Offer?

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Not long ago, we discussed your rights when dealing with a buyer whom you think is or may soon become insolvent. We also discussed your potential exposure to your buyer if you breach one of your warranties. Now, the Oregon Supreme Court has given us a great platform to discuss what happens when a buyer simply decides that breaching the contract is a better idea than performing.

Read more: Manufacturer's Corner: Protecting Against the "Efficient Breach"

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

In a happy coincidence of timing, the Eleventh Circuit Court of Appeals recently issued an entertaining opinion addressing the Carmack Amendment, which is a federal law limiting the liability of motor carriers[1] for loss or damage of goods during shipment. The opinion will allow us to continue our discussion of mitigating shipping risks, introduced in the last installment of this column.

Read more: Manufacturer's Corner: Can You Prove the Contents of Your Shipment?

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Today we continue our review of your terms and conditions to make sure they are appropriate for you. Manufacturers are often surprised to learn that their shipping terms can be a significant source of risk. Let’s explore that risk – and learn how to guard against it – by beginning with the basics.

Read more: Manufacturer's Corner: Are Your Shipping Terms Exposing You to Unexpected Risk?

The Balloons Over the Rainbow decision also considered whether the ride operator qualified for the “common carrier” exemption from Missouri use taxes on its out-of-state equipment purchases.

Read more: “Common Carrier” Tax Exemption Lost When Operator Reserves the Right to Select Its Passengers