Litigation Notes

Commercial litigation podcast series – Episode 32: General update

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

Commercial litigation podcast series – Episode 30: General update

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

Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice

High Court considers scope of Braganza-style limitation on lender's contractual discretion to permit disposal of secured assets

The decision shows that the effect and scope of an implied term qualifying a contractual discretion will depend on the nature of the discretion.

New claimant could not be substituted to breach of warranty claim where purported assignment ineffective

Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss