Litigation Notes

Liability caps: importance of clear drafting

A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both …

Commercial Court finds indemnities covered negligence where no express reference

Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application

Court of Appeal rejects claim for success fee where contractual trigger for payment had not happened

Drafting contracts - key lessons from 2022

Supreme Court finds no entitlement to payment in circumstances not addressed by express contractual terms   

The Supreme Court has, by a majority, allowed an appeal against a Court of Appeal judgment (considered here) that granted an award for unjust enrichment …

Court of Appeal finds limitation period may start to run before deadline for payment of debt

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect

Court of Appeal clarifies when disputes re formation/validity of contract containing arbitration clause may fall to be determined by the courts

A recent Court of Appeal decision provides useful guidance on disputes about the validity of the underlying contract where that contract contains an …

Court can refuse to accept a party's undertakings as part of settlement

Anti-suit injunction granted restraining proceedings in an EU member state

The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: …

Contractual duties of good faith: Court of Appeal confirms context is king