Litigation Notes

Commercial Court finds time was not of the essence for provision of a contractual refund guarantee

Court of Appeal upholds contractual limits on challenging enforcement action in cross-border finance transaction

The decision reaffirms that the English court is willing to enforce contractual provisions that give up valuable legal rights, provided the language used …

Court of Appeal overturns High Court’s interpretation of deferred consideration clause

Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach

Court of Appeal finds issuance of non-conformance report was a condition precedent to obtaining delay payment under IT contract

Court of Appeal finds clause excluding liability for "anticipated profits" captured claim for charges that would have been due under the contract

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

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 finds buyer gave sufficient notice of claim under SPA, emphasising need to construe such clauses in light of commercial purpose

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

Commercial litigation podcast series – Episode 20: General update

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 …