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Showing 24 out of 31 results
High Court refuses to imply duty of good faith in relation to exercise of contractual right
In a decision earlier this year, the High Court refused to imply a duty of good faith in relation to a contractual right to amend a loan note instrument: …
Court of Appeal finds lender's avoided loss did not have to be taken into account in assessing damages due from negligent accountants
A majority of the Court of Appeal has held that damages payable to a lender by a firm of accountants should not be reduced to reflect a repayment by the …
Commercial Court finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens
The Commercial Court has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the …
Supreme Court re-emphasises importance of “natural meaning” in interpreting contracts
In interpreting a service charge provision in a number of long leases, the Supreme Court has concluded that arguments based on commercial common sense …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
Party could not enforce contractual right to recover overpayments where established convention to charge on non-contractual basis
The High Court held that a social landlord was estopped from deducting overpayments it had made to a contractor, according to the contractual pricing and …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
CJEU confirms validity of jurisdiction clauses agreed electronically by "click-wrapping"
In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
High Court strikes out warranty claim due to shortcomings in claim notice
The High Court has held that a notice delivered by a purchaser under a sale and purchase agreement did not meet the contractual requirements of a claim …
Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements
In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the …
Good faith principles applied to question of whether innocent party could keep contract alive following repudiatory breach
The High Court has held that a party was not entitled to keep a contract alive indefinitely for the purpose of claiming ongoing liquidated damages for …
Showing 24 out of 31 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London