Litigation Notes

High Court considers scope of Braganza-style limitation on lender's contractual discretion to permit disposal of secured assets

The decision shows that the effect and scope of an implied term qualifying a contractual discretion will depend on the nature of the discretion.

New claimant could not be substituted to breach of warranty claim where purported assignment ineffective

Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss

High Court finds time does not stop running for limitation purposes when a company enters administration

Drafting contracts - key lessons from 2024

Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from …

Court considers conflicting dispute resolution provisions in reinsurance contracts

Two recent decisions show the need to pay careful attention to dispute resolution clauses in market standard contracts.

High Court considers whether "success fee" is payable by client to investment bank in respect of capital raise

The High Court found that the contract was ambiguous and the fee was contrary to commercial sense, given the client's parent affiliates ultimately …

Court of Appeal finds contractual cap had to be applied to each party's liability before set-off

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

Commercial litigation podcast series – Episode 28: General update

High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months

Contractual construction vs rectification: High Court judgment illustrates the contrasting approaches