Litigation Notes

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

Supreme Court considers approach to interpretation of industry-wide standard form contracts

The decision confirms the limits on termination for repeated defaults under JCT construction contract.

Commercial litigation podcast series – Episode 34: General update

Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right

Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision

Court of Appeal decision acts as reminder that acceptance of repudiatory breach must be communicated to end contract

Force majeure and Covid-19: High Court decision turns on specific wording of FM clause

High Court finds termination clause requiring written notice posed no bar to implied novation

Commercial litigation podcast series – Episode 12: General update

High Court finds Covid-19 pandemic amounted to force majeure event enabling party to terminate contract for rugby broadcasting rights

High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP …