Litigation Notes

High Court finds clause in supplier's standard terms and conditions was unreasonable for purposes of Unfair Contract Terms Act 1977

In a recent decision, the High Court found that a supplier's standard terms and conditions had been incorporated by reference into the contract, but an …

High Court provides helpful guidance on interpretation of time-bar clause

A recent decision in the High Court has given useful guidance on the interpretation of a contractual time-bar clause: Arab Lawyers Networks Company v …

Court of Appeal decision highlights dangers of choosing non-exclusive jurisdiction clause in favour of an EU court

High Court judgment illustrates that contract negotiations may be impliedly "subject to contract"

The High Court has held that parties' agreement on the substantive terms of an unsigned addendum to an existing agreement did not give rise to a legally …

Court of Appeal upholds decision correcting drafting error by interpretation

Supreme Court clarifies proper approach to determining scope of duty of care owed by a professional adviser

In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 …

Commercial litigation podcast series – Episode 8: General update

High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic

The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due …

High Court considers doctrine of frustration in Covid context and confirms there is no such thing as "temporary frustration"

Court of Appeal finds recipient's prior knowledge should be taken into account when determining whether a claims notice contained "reasonable detail"

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit

The High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby letters of …