Litigation Notes

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

Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach

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

Court of Appeal confirms repudiatory breaches were "capable of remedy" for the purposes of a deemed transfer provision in a shareholders' agreement

Litigation developments: England and Wales – Quarterly update

High Court finds claim brought by director under Contracts (Third Party Rights) Act 1999 to enforce an SPA warranty could be served out of the jurisdiction without the court's permission

High Court sets aside default judgments entered against guarantors under a facility agreement on the basis that service of the claim was not valid

The court found that a clause in the facility agreement which allowed the lender to appoint a replacement service of process agent was an unfair contract …

High Court interprets rules allowing service out of the jurisdiction without the court's permission based on a contractual jurisdiction clause

Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement

Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals

High Court finds private equity fund bound by its agent acting with apparent/ostensible authority

The decision highlights that when an agent's authority to sign a contract is questioned, the court may take post-contractual communications into …

High Court finds breach of express obligations of good faith but no loss