Circumstances change and what is true today may not be true tomorrow. For that reason, some representations carry with them the obligation to advise the representee if the relevant circumstances change. These are usually referred to as “continuing” representations.
But can a continuing representation carry with it the obligation to update a third party, to whom the representation was not even made? The UK Supreme Court says it can in Cramaso LLP v Ogilvie-Grant, Earl of Seafield and Others, a case with a peculiar set of facts which may have broad implications for parties engaged in pre-contractual negotiations.
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The U.K. Supreme Court recently quashed an order prohibiting Bank Mellat from operating in Britain (the “Order”) over allegations the Bank helped finance Iran’s nuclear weapons program. The decision will have ramifications for states attempting to impose sanctions, including Canada, as well as institutions attempting to implement such sanctions.
The Court also weighed in on the appropriateness of secret hearings held to determine evidentiary issues in such matters.… Continue Reading
What should prevail – an already commenced foreign court proceeding or an unexercised arbitration clause? The answer, according to the UK Supreme Court, may surprise you. In a recent ruling of relevance to Canadian practitioners and business, the UK Supreme Court granted an injunction to prevent the continuance of a foreign court proceeding (a so-called “anti-suit injunction”) on the basis of an arbitration clause which had not been invoked. In other words, a foreign court proceeding was enjoined even though there was no competing domestic arbitral proceeding underway.… Continue Reading