Litigation Notes

Inducing a breach of contract: Court of Appeal considers necessary degree of participation in a third party's breach to establish tort of inducement

Court of Appeal finds buyer gave sufficient notice of claim under SPA, emphasising need to construe such clauses in light of commercial purpose

Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performance

High Court grants declaration confirming exclusive jurisdiction of the English courts in order to assist Indian court to determine it did not have jurisdiction

Drafting contracts - key lessons from 2023

Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from 2023 …

Anti-suit injunctions: High Court considers proper approach where facts relevant to jurisdiction disputed

High Court finds limitation clause effective to limit liability for dishonest breaches of contract

High Court decision considers force majeure and sanctions issues

The High Court has allowed a summary judgment application in relation to a breach of contract claim, finding that there was no realistic prospect of the …

Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms

Court of Appeal interprets warranty that there had been no material adverse change in company's prospects and highlights need for careful compliance with notice provisions

Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply

Negligence claim against accountants can proceed to trial despite contractual disclaimer