Litigation Notes

Court of Appeal finds contractual cap had to be applied to each party's liability before set-off

High Court had no jurisdiction over claims under contracts containing English jurisdiction clauses as the defendants were not parties to those contracts as undisclosed principals

Commercial litigation podcast series – Episode 28: General update

High Court finds party did not waive contractual right to terminate despite continuing to perform contract for six months

Contractual construction vs rectification: High Court judgment illustrates the contrasting approaches

Material Adverse Effect clause not triggered by geotechnical event at mine between signing and completion

Agreements to agree: High Court finds pricing mechanism subject to agreement rendered sale of goods contract partially unenforceable

Court of Appeal dismisses US investment bank's success fee claim in connection with the public offer of shares in Indian bank

The decision illustrates the need for contracting parties to take care in drafting terms involving lists

Court of Appeal considers whether default interest clause is an unenforceable penalty

The decision suggests that a default interest provision is likely to be enforceable so long as it is not extortionate, exorbitant or unconscionable

Commercial litigation podcast series – Episode 26: General update

High Court finds party has practical control over documents of sub-contractor and sub-sub-contractor for disclosure purposes

High Court considers contractual remedies for failure to transfer cryptocurrency