Litigation Notes

Commercial litigation podcast series – Episode 13: General update

Party entitled to rely on force majeure clause where counterparty's parent company became subject to US sanctions

Drafting contracts - key lessons from 2021: briefing and webinar

Our corporate team's recently published annual contract law update briefing considers a number of interesting contract law cases from 2021 which …

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

Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver diesel due to force majeure

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s …

A party could not rely on a contractual term where it was both "onerous" and "buried" within standard terms that were incorporated by reference

The High Court has held that, while the claimant's standard terms were incorporated by reference into a signed contract, a term that required the …

High Court grants summary judgment in claim for rent accrued during periods of Covid closure, rejecting defences based on implied terms and "failure of basis"

The High Court has granted summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the …

Commercial litigation podcast series – Episode 10: General update

High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud