Litigation Notes

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

Material Adverse Effect clause not triggered by geotechnical event at mine between signing and completion

Agreements to agree: High Court finds pricing mechanism subject to agreement rendered sale of goods contract partially unenforceable

Court of Appeal dismisses US investment bank's success fee claim in connection with the public offer of shares in Indian bank

The decision illustrates the need for contracting parties to take care in drafting terms involving lists

Court of Appeal considers whether default interest clause is an unenforceable penalty

The decision suggests that a default interest provision is likely to be enforceable so long as it is not extortionate, exorbitant or unconscionable

Commercial litigation podcast series – Episode 26: General update

High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes

High Court considers contractual remedies for failure to transfer cryptocurrency

Court of Appeal finds party cannot avoid paying debt by relying on non-fulfilment of condition precedent caused by its own breach of contract

Exclusion clauses: High Court refuses summary judgment where UCTA "reasonableness" in issue

Inducing a breach of contract: Court of Appeal considers necessary degree of participation in a third party's breach to establish tort of inducement

Commercial litigation podcast series – Episode 24: General update