Litigation Notes

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and "failure of basis"

The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where …

Court of Appeal considers approach to damages for breach of warranty and deceit in context of share sale

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …

Force majeure and Covid-19: High Court decision turns on specific wording of FM clause

Commercial litigation podcast series – Episode 14: General update

High Court finds termination clause requiring written notice posed no bar to implied novation

Court of Appeal finds claim for wasted expenditure not excluded by clause excluding consequential losses

Commercial litigation podcast series – Episode 13: General update

Party entitled to rely on force majeure clause where counterparty's parent company became subject to US sanctions

Drafting contracts - key lessons from 2021: briefing and webinar

Our corporate team's recently published annual contract law update briefing considers a number of interesting contract law cases from 2021 which …

Commercial litigation podcast series – Episode 12: General update