Litigation Notes

Court of Appeal finds clause excluding liability for "anticipated profits" captured claim for charges that would have been due under the contract

Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale

Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice

High Court considers scope of Braganza-style limitation on lender's contractual discretion to permit disposal of secured assets

The decision shows that the effect and scope of an implied term qualifying a contractual discretion will depend on the nature of the discretion.

Supreme Court confirms broad interpretation of section 423 Insolvency Act 1986 relating to transactions defrauding creditors

High Court finds mere recognition of foreign insolvency under Cross-Border Insolvency Regulations 2006 not sufficient to disapply "immovables rule"

High Court orders evidence of settlement with other claimants to be excluded from trial

New claimant could not be substituted to breach of warranty claim where purported assignment ineffective

Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment

Court of Appeal grants UniCredit's request to discharge final anti-suit injunction in its favour in order to avoid Russian court-imposed penalty

Supply chain risk: Court of Appeal finds claims against Dyson relating to actions of Malaysian manufacturer should proceed in England

Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss