Litigation Notes

Commercial Court interprets indemnity clause in SPA to exclude damage which occurred pre-execution

The Commercial Court recently dismissed a claim to recover the cost of repairs to two offshore transmission cables linking the Gwynt Y Môr offshore wind …

Unjust enrichment: High Court finds claimant entitled to restitution of the value of services provided in anticipation of a contract

The High Court has held that a supplier of soft toys was entitled to restitution of the value of the services it had provided to a toy designer, in …

Low oil price - high disputes risk: The scope for disputes in a world of low oil prices

Oil prices have collapsed since the start of the year, driven down by concerns around oversupply, compounded by the collapse in demand caused by COVID-19 …

Our new publication – COVID-19: Force majeure: A global perspective

Court of Appeal finds material breach of contract not remedied by indication of intention to perform services

The Court of Appeal has held that a consultant’s statement that he intended to perform his contractual obligations under a consultancy agreement did not …

COVID-19 Pressure Points: Supply chain difficulties - new global guide including section on suspension and termination of contracts

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions. The …

COVID-19 Pressure Points: Force majeure considerations in a potential “second wave” of COVID-19

As many countries contemplate an easing of COVID-19 lockdown restrictions following a downturn in cases, scientists and politicians are warning of the …

COVID-19 pressure points: Will this be a valid basis for avoiding contractual obligations?

With the continuing rise in the number of cases of COVID-19 worldwide declared to be a …

Is coronavirus likely to be a valid basis for avoiding contractual obligations?

With the continuing rise in the number of cases of novel coronavirus worldwide, in addition to obvious implications of the outbreak for individuals, …

Drafting contracts: Key lessons from 2019

This annual contract law update from our corporate team considers a number of interesting contract law cases from 2019 which highlighted key points …

Joint Operating Agreement arguably a “relational contract” but Commercial Court declines to imply duty of good faith or Braganza duty

High Court applies contractual cap on liability only after reducing damages for contributory negligence 

In a recent case, the High Court has clarified the correct approach to reducing damages in order to reflect a finding of contributory negligence where …