Litigation Notes

High Court finds that a claimant’s “awareness” of a representation is an essential prerequisite to a claim for misrepresentation

In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, …

High Court finds clause imposing harsh consequences for breach of term aimed at protecting IP rights was not an unenforceable penalty

In a recent decision, the High Court has found that a clause in a settlement agreement which was aimed at protecting a business's IP rights was not …

Getting your just deserts: Remedies for breach of contract

Drafting contracts - key lessons from 2020

This annual contract law update from our corporate team considers a number of interesting contract law cases from 2020 which highlighted key points for …

Brexit: key practical implications for disputes and dispute resolution clauses

Terminating your contract: When can you call it quits?

Court of Appeal finds no binding settlement reached, emphasising importance of "subject to contract" label

In a recent decision, the Court of Appeal has overturned a deputy judge's decision that a binding settlement agreement had been reached in …

Court of Appeal construes Farm-Out Agreement and Joint Operating Agreement together as a cohesive whole

The Court of Appeal has dismissed an appeal against a decision interpreting the provisions of a Farm-Out Agreement for the sale of an interest in two oil …

Commercial Court finds buyer entitled to repayment of advance payment where delivery prevented by force majeure

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were …

When events intervene: Force majeure, frustration and material adverse change

Commercial Court considers contractual estoppel, entire agreement clauses and declaratory relief in dispute relating to 1992 ISDA Master Agreement

The Commercial Court has granted declaratory relief concerning a bank’s rights under an interest rate hedging arrangement governed by the 1992 ISDA …