Litigation Notes

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

Agreements to agree: Court of Appeal finds supply contract enforceable despite leaving price to be fixed

Court of Appeal finds issuance of non-conformance report was a condition precedent to obtaining delay payment under IT contract

Global trade tariffs: Impact on contractual arrangements

Court of Appeal finds clause excluding liability for "anticipated profits" captured claim for charges that would have been due under the contract