A claimant (C) owed school fees and the school instructed the defendant (D) to write demanding payment. D sent the demand by email but erroneously typed the incorrect email address. The recipient replied promptly and D promptly requested deletion of the email, which the recipient confirmed. The email contained C’s name and home address only and the invoice for the fees (the school’s fees were publicly available), and a statement of account for the past five years. On the issu

The High Court considered whether an onerous clause relating to early cancellation fees within T&Cs was incorporated by reference into a supplier's standard terms and conditions (T&Cs) in a business-to-business. The customer, via an e-signing system, signed the purchase order which contained these words: "by signing this document I agree I have logged on to the [supplier's] website at [weblink], have read agree and fully understand all terms and conditions regarding the contr

In a claim for breach of warranties in a share purchase agreement (SPA) for the acquisition of an energy company, the High Court found that several of the sellers' warranties were false as at completion. The court rejected the defence that the warranty claims were excluded because the matters giving rise to them had been disclosed, or were within the buyer's actual knowledge and therefore precluded by a provision in the SPA under which the buyer confirmed that it was not actu

During a trial of a possession claim, the claimant wanted to cross-examine the first defendant on their draft witness statement (Statement). The defendant asserted that the document was privileged but the claimant argued that privilege had been waived because the defendants' counsel (DC) had shown the document to the claimant's counsel (CC) at a previous hearing, indicating that it was to be shown to the court, and CC had taken a copy on his phone. CC made a witness statement