Commercial annual round-up: reviewing 2017 and previewing 2018
Commercial annual round-up: reviewing 2017 and previewing 2018

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Commercial annual round-up: reviewing 2017 and previewing 2018
  • Reviewing 2017
  • Contract law
  • Consumer protection
  • Advertising, marketing and sponsorship
  • Previewing 2018
  • Advertising, marketing and sponsorship
  • Consumer protection
  • Data protection
  • New content for 2018
  • more

This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the cases of Wood v Capita Insurance Services Limited [2017] UKSC 24 and Ilkerler Otomotiv Sanayai Ve Ticaret Anonim Sirketi v Perkins Engines Company Ltd [2017] EWCA Civ 183, among others. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months.

Reviewing 2017

Contract law

What happened in Wood v Capita Insurance Services Limited?

The Supreme Court held in Wood v Capita Insurance Services Limited [2017] UKSC 24 that the appellant, which had purchased a company from the respondent, could not recover compensation it subsequently had to pay to the company’s customers who had been affected by mis-selling before it took over the company. The court found that, properly construed, the indemnity clause in the purchase agreement did not apply to the compensation, save to the extent that it arose out of claims or complaints.

What are the key implications?

In a unanimous verdict, the Supreme Court held that on the approach to contractual interpretation, the decisions in Rainy Sky SA v Kookmin Bank [2011] UKSC 5 and Arnold v Britton [2015] UKSC 36 were saying the same thing.