Litigation Notes

Commercial litigation podcast series – Episode 19: General update

Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application

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 …

Courts have new powers to allow remote observation of hearings

From today, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely, under new s.85A of the …

High Court finds Covid-19 pandemic did not trigger a material adverse change clause in a contract for Premier League broadcasting rights

High Court grants summary judgment in claim for rent accrued during periods of Covid closure, rejecting defences based on implied terms and "failure of basis"

The High Court has granted summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the …

Commercial litigation podcast series – Episode 8: General update

High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic

The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due …

High Court considers doctrine of frustration in Covid context and confirms there is no such thing as "temporary frustration"

High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit

The High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby letters of …

Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case

The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and …

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