Litigation Notes

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

Supreme Court finds no entitlement to payment in circumstances not addressed by express contractual terms   

The Supreme Court has, by a majority, allowed an appeal against a Court of Appeal judgment (considered here) that granted an award for unjust enrichment …

Court of Appeal finds limitation period may start to run before deadline for payment of debt

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect