Litigation Notes

Court of Appeal considers whether default interest clause is an unenforceable penalty

The decision suggests that a default interest provision is likely to be enforceable so long as it is not extortionate, exorbitant or unconscionable

Commercial litigation podcast series – Episode 26: General update

High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes

High Court considers contractual remedies for failure to transfer cryptocurrency

Court of Appeal finds party cannot avoid paying debt by relying on non-fulfilment of condition precedent caused by its own breach of contract

Exclusion clauses: High Court refuses summary judgment where UCTA "reasonableness" in issue

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

Commercial litigation podcast series – Episode 24: General update

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 …