Litigation Notes

Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right

High Court finds trustees in bankruptcy could seek to annul a bankruptcy order where it could not be given practical effect

High Court finds party has practical control over third parties' documents for disclosure purposes

HSF Kramer launches 4th edition of its Guide to Dispute Resolution in Africa

Disclosure Review Working Group seeks views on disclosure under PD 57AD

Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision

Law Commission recommends new framework for contempt of court liability based on four forms of contempt

Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach

The class actions landscape: Australian class actions

Supreme Court confirms proper approach to determining appropriate currency for costs order

Getty fails in the UK courts in its (secondary) copyright infringement claims against Stability AI's image generating AI

The decision is not a complete answer to the AI/IP conundrum, but nevertheless helps inform what won't work for a claim in copyright infringement.

Court of Appeal decision acts as reminder that acceptance of repudiatory breach must be communicated to end contract