Litigation Notes

Court of Appeal finds exclusive jurisdiction clause in settlement agreement with employee ineffective, as it was not entered into after the particular dispute had arisen

The Court of Appeal has held that an exclusive jurisdiction clause in a settlement agreement between an employer and employee was not effective to give …

Court of Appeal upholds decision rectifying share purchase agreement and disclosure letter

Court of Appeal finds ISDA jurisdiction clause trumps competing clause in related contract

A recent Court of Appeal judgment provides further assurance that jurisdiction clauses within standard form ISDA documentation will not readily be …

When do you have a binding contract? It may be more (or less) often than you think

Court of Appeal confirms no claim for third party's loss unless common intention to benefit the third party at the time of contracting

The Court of Appeal has held that, where a buyer wrongly terminated a two year contract, the seller could only claim its own loss of profit and not that …

High Court reaffirms orthodoxy in assessing damages for breach of warranty in a share purchase agreement

Court of Appeal reiterates limited scope for reference to pre-contractual material when interpreting contracts

Court of Appeal decision suggests broad interpretation of Contracts (Rights of Third Parties) Act 1999

The Court of Appeal has held that a letter of instruction ("LOI") between a bank and its customer conferred a benefit on third party investors. The …

Employment Appeal Tribunal finds penalty rule did not apply where no breach relied on

The Employment Appeal Tribunal (EAT) has held that the rule against penalties did not apply where an employer imposed certain contractual provisions …

High Court provides guidance on relational contracts and implied duties of good faith

Court of Appeal finds clause imposing liquidated damages for delay did not apply where work was never completed

In a recent decision, the Court of Appeal held that a clause providing for liquidated damages for delay did not apply where the contractor failed to …

High Courts finds European Medicines Agency lease not frustrated by Brexit