Litigation Notes

Commercial litigation podcast series – Episode 33: General update

Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement

Commercial litigation podcast series – Episode 32: General update

Agreements to agree: Court of Appeal finds supply contract enforceable despite leaving price to be fixed

Court of Appeal clarifies when disputes re formation/validity of contract containing arbitration clause may fall to be determined by the courts

A recent Court of Appeal decision provides useful guidance on disputes about the validity of the underlying contract where that contract contains an …

High Court judgment illustrates that contract negotiations may be impliedly "subject to contract"

The High Court has held that parties' agreement on the substantive terms of an unsigned addendum to an existing agreement did not give rise to a legally …

Court of Appeal finds no binding settlement reached, emphasising importance of "subject to contract" label

In a recent decision, the Court of Appeal has overturned a deputy judge's decision that a binding settlement agreement had been reached in …

Loss of profits awarded for breach of collateral warranty which induced claimant to arrange purchase of goods from defendant on hire purchase terms

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the …

High Court finds no binding contract for commission for introduction of valuable Formula One sponsorship deal but awards quantum meruit

The High Court has rejected a company's claim for commission for the introduction of a sports sponsorship opportunity on the basis that there was no …

Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit

The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v …

When do you have a binding contract? It may be more (or less) often than you think

Court of Appeal finds interim contract incorporated terms and conditions including limitation of liability

In a recent judgment, the Court of Appeal has overturned a High Court decision which found that the defendant had undertaken preliminary work for a …