Litigation Notes

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

Commercial litigation podcast series – Episode 22: General update

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

Exclusion clauses: High Court finds claim for "charges unlawfully avoided" fell within contractual exclusion for loss of anticipated profits

Court of Appeal provides guidance as to when court may refuse to accept party's undertakings as part of settlement

The Court of Appeal has unanimously allowed an appeal against a judge's decision refusing to accept certain undertakings agreed between the parties to a …

Commercial litigation podcast series – Episode 20: General update

Warranty & Indemnity insurance: claim failed as no breach of warranty established

In a recent judgment, the High Court has dismissed a claim under a Warranty & Indemnity (W&I) insurance policy on the basis that the policyholder …