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Court of Appeal finds deliberate non-payment did not justify termination
In a recent decision, the Court of Appeal held that the deliberate withholding of payments due under a contract, in circumstances where the counterparty …
Two upcoming webinars: updates on jurisdiction and commercial contracts
Next week we will be delivering two update webinars for Herbert Smith Freehills clients and contacts, covering developments in jurisdiction and …
Commercial Court considers when contracting party may have duty to make disagreement known
The Commercial Court has recently considered when a party may have a duty to correct a mistake or assumption by its counterparty under the principle of …
Contrasting first instance decisions on meaning of contractual requirement for "service" of claim
In a recent decision, the High Court has held that a contractual requirement to "serve" a claim within a particular period meant formal service under the …
Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract
The Court of Appeal has held that an interim injunction should be granted to prevent the defendant's alleged breach, on the basis that damages would be …
Court of Appeal confirms party that has renounced contract cannot rely on own unwillingness to perform to reduce damages payable
The Court of Appeal has confirmed that where a party to a contract has renounced its obligations, damages are to be assessed on the assumption that it …
Court of Appeal finds that default provisions in share purchase agreement are unenforceable penalties
A recent Court of Appeal decision has highlighted the rule against penalties, demonstrating that a penalty can include not only a requirement to pay …
Court of Appeal overturns Commercial Court on construction of retention of title clause
In a recent decision the Court of Appeal found, by a majority, that the effect of a retention of title clause was that the buyer resold the goods as …
Our latest UK Banking Litigation Update published
We have published our latest Banking Litigation Update, summarising some of the more important UK cases and developments affecting financial institutions …
High Court held warranty claim served in time, though not deemed served under CPR till two days later
The High Court has held that a warranty claim was served on a defendant within the contractual time limit. On its proper construction the relevant clause …
Commercial Court finds binding contract formed even though not all terms agreed
The Commercial Court recently decided that a contract was formed for the supply of crude oil blend even though some of the core terms were subject to …
European Parliament committee backs proposed Common European Sales Law
In a vote last week, the Legal Affairs Committee of the European Parliament approved by a large majority the European Commission’s proposal for a …
Showing 312 out of 360 results
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Alan Watts
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