Litigation Notes

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 …

Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments

The Supreme Court last week handed down its seminal judgment in Philipp v Barclays Bank UK plc [2023] UKSC 25, considering the application of …

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

Commercial litigation podcast series – Episode 19: General update