Litigation Notes

Exclusion clauses: High Court finds claim for "charges unlawfully avoided" fell within contractual exclusion for loss of anticipated profits

Court of Appeal provides guidance as to when court may refuse to accept party's undertakings as part of settlement

The Court of Appeal has unanimously allowed an appeal against a judge's decision refusing to accept certain undertakings agreed between the parties to a …

Commercial litigation podcast series – Episode 20: General update

Warranty & Indemnity insurance: claim failed as no breach of warranty established

In a recent judgment, the High Court has dismissed a claim under a Warranty & Indemnity (W&I) insurance policy on the basis that the policyholder …

Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments

The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of …

Liability caps: importance of clear drafting

A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both …

Commercial Court finds indemnities covered negligence where no express reference

Commercial litigation podcast series – Episode 19: General update

Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application

Court of Appeal rejects claim for success fee where contractual trigger for payment had not happened

Commercial litigation podcast series – Episode 18: General update

Drafting contracts - key lessons from 2022