Litigation Notes

Commercial Court finds buyer entitled to repayment of advance payment where delivery prevented by force majeure

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were …

When events intervene: Force majeure, frustration and material adverse change

Commercial Court considers contractual estoppel, entire agreement clauses and declaratory relief in dispute relating to 1992 ISDA Master Agreement

The Commercial Court has granted declaratory relief concerning a bank’s rights under an interest rate hedging arrangement governed by the 1992 ISDA …

Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause

The Court of Appeal has upheld the High Court’s decision on a claim involving the legal meaning of ‘goodwill’ and the contractual construction of an …

High Court rules claims notice invalid for failure to specify with sufficient detail the matter giving rise to the claim

The High Court has found that a buyer’s notice of claim failed to comply with the requirements set out in the tax covenant to an SPA in a USD 1 billion …

European Commission's Notice to Stakeholders confirms its view Hague Choice of Court Convention will apply to exclusive English jurisdiction clauses only if they are entered into after Brexit transition period ends

High Court finds proceedings properly served on process agent appointed by lender under credit agreement

In a recent decision, the High Court confirmed that proceedings had been properly served on a borrower where it had failed to comply with its contractual …

Defining your liability in advance: Liquidated damages, limitation and exclusion clauses

High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible”

The High Court has found that a claimant could not pursue an indemnity claim under an SPA because it had not notified the defendants of its claim “as …

Our new publication: Covid-19 Contract Disputes Guide

High Court gives guidance on availability of summary judgment and frustration in contractual disputes

A recent High Court decision is a good example of the court’s willingness to deal with questions of contractual interpretation on a summary basis in an …