Litigation Notes

Supreme Court confirms award of loss of bargain damages following termination for non-repudiatory breach under express contractual provision

Derivative claims were not claims instituted by the company for the purposes of restrictions in a shareholders' agreement

High Court clarifies meaning of “unforeseeable” in force majeure clause

Court of Appeal confirms default interest clause in loan agreement is not unenforceable penalty

The decision illustrates the margin of discretion afforded to lenders to include provisions to defend their legitimate interest in repayment.

Commercial litigation podcast series – Episode 38: General update

High Court decisions illustrate limitations of Chartbrook principle which allows court to correct drafting errors by interpretation

Commercial litigation podcast series – Episode 37: Special edition – Force majeure

Commercial Court decision confirms corporate dishonesty cannot be assembled from the innocent states of mind of different executives

The judgment illustrates that there is a high hurdle for establishing fraud.

Litigation developments: England and Wales – Quarterly update

Privy Council gives guidance on assessing reasonable notice for terminating a distribution agreement where there is no express termination clause

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

Commercial litigation podcast series – Episode 35: General update