Litigation Notes

Court of Appeal clarifies when disputes re formation/validity of contract containing arbitration clause may fall to be determined by the courts

A recent Court of Appeal decision provides useful guidance on disputes about the validity of the underlying contract where that contract contains an …

Court can refuse to accept a party's undertakings as part of settlement

Anti-suit injunction granted restraining proceedings in an EU member state

The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: …

Commercial litigation podcast series – Episode 16: General update

Contractual duties of good faith: Court of Appeal confirms context is king

Force majeure: Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event

Court of Appeal upholds summary judgment for rent accrued during Covid closures of commercial premises, rejecting arguments based on implied terms and "failure of basis"

The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where …

Court of Appeal considers approach to damages for breach of warranty and deceit in context of share sale

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …

Force majeure and Covid-19: High Court decision turns on specific wording of FM clause

Commercial litigation podcast series – Episode 14: General update

High Court finds termination clause requiring written notice posed no bar to implied novation