Litigation Notes

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

Commercial litigation podcast series – Episode 34: General update

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

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

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

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

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