Litigation Notes

High Court decisions illustrate limitations of Chartbrook principle which allows court to correct drafting errors by interpretation

Commercial Court decision confirms corporate dishonesty cannot be assembled from the innocent states of mind of different executives

The judgment illustrates that there is a high hurdle for establishing fraud.

Litigation developments: England and Wales – Quarterly update

Privy Council gives guidance on assessing reasonable notice for terminating a distribution agreement where there is no express termination clause

Commercial Court finds time was not of the essence for provision of a contractual refund guarantee

Drafting contracts – key lessons from 2025

Our Corporate team's annual contract law update briefing is now available.

Commercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clause

Court of Appeal upholds contractual limits on challenging enforcement action in cross-border finance transaction

The decision reaffirms that the English court is willing to enforce contractual provisions that give up valuable legal rights, provided the language used …

Supreme Court considers approach to interpretation of industry-wide standard form contracts

The decision confirms the limits on termination for repeated defaults under JCT construction contract.

Commercial Court finds no implied term necessary to give business efficacy where agreement allocated risk between the parties

Court of Appeal recognises "onerous clause doctrine" where terms are incorporated by reference

However, the decision suggests that a high threshold will be applied, particularly in a commercial context

Court of Appeal overturns High Court’s interpretation of deferred consideration clause