Litigation Notes

Calderbank offer without express time limit could be accepted after hearing had started

The High Court has held that a “without prejudice save as to costs”, or Calderbank, offer to settle detailed assessment proceedings, which did not …

COVID-19: Our new quick reference tool to help assess the availability of force majeure relief under English law

New COVID-19 podcast - Force majeure considerations in a potential second wave of COVID-19

In this latest episode of our Navigating COVID-19 podcast series, Sarah Pollock, Emma Schaafsma and Julie Farley consider the force …

High Court finds claim for lost profits arising from damage caused by London riots not prevented by force majeure or exclusion for indirect or consequential loss

Commercial Court interprets indemnity clause in SPA to exclude damage which occurred pre-execution

The Commercial Court recently dismissed a claim to recover the cost of repairs to two offshore transmission cables linking the Gwynt Y Môr offshore wind …

Unjust enrichment: High Court finds claimant entitled to restitution of the value of services provided in anticipation of a contract

The High Court has held that a supplier of soft toys was entitled to restitution of the value of the services it had provided to a toy designer, in …

Low oil price - high disputes risk: The scope for disputes in a world of low oil prices

Oil prices have collapsed since the start of the year, driven down by concerns around oversupply, compounded by the collapse in demand caused by COVID-19 …

Our new publication – COVID-19: Force majeure: A global perspective

Court of Appeal finds material breach of contract not remedied by indication of intention to perform services

The Court of Appeal has held that a consultant’s statement that he intended to perform his contractual obligations under a consultancy agreement did not …

COVID-19 Pressure Points: Supply chain difficulties - new global guide including section on suspension and termination of contracts

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions. The …

COVID-19 Pressure Points: Force majeure considerations in a potential “second wave” of COVID-19

As many countries contemplate an easing of COVID-19 lockdown restrictions following a downturn in cases, scientists and politicians are warning of the …

COVID-19 pressure points: Will this be a valid basis for avoiding contractual obligations?

With the continuing rise in the number of cases of COVID-19 worldwide declared to be a …