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 …

High Court judgment illustrates that contract negotiations may be impliedly "subject to contract"

The High Court has held that parties' agreement on the substantive terms of an unsigned addendum to an existing agreement did not give rise to a legally …

Court of Appeal finds no binding settlement reached, emphasising importance of "subject to contract" label

In a recent decision, the Court of Appeal has overturned a deputy judge's decision that a binding settlement agreement had been reached in …

Loss of profits awarded for breach of collateral warranty which induced claimant to arrange purchase of goods from defendant on hire purchase terms

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the …

High Court finds no binding contract for commission for introduction of valuable Formula One sponsorship deal but awards quantum meruit

The High Court has rejected a company's claim for commission for the introduction of a sports sponsorship opportunity on the basis that there was no …

Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit

The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v …

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

Court of Appeal finds interim contract incorporated terms and conditions including limitation of liability

In a recent judgment, the Court of Appeal has overturned a High Court decision which found that the defendant had undertaken preliminary work for a …

Court of Appeal holds SPA earn-out unenforceable as an agreement to agree

The Court of Appeal has rejected a seller's claim that he was entitled under a sale and purchase agreement ("SPA") to provide consultancy services to the …

Agreement expressed to be subject to board approval not binding until approval given

In a recent decision, the Commercial Court has considered whether an arbitration claim was settled in without prejudice correspondence between the …

Court of Appeal decision suggests courts will be slow to find contract terms void for uncertainty

The Court of Appeal has held that a provision in a franchise contract that allowed for the clawback of commission in certain circumstances was …

High Court decision underlines importance of knowing who you are contracting with

The High Court has recently found that a group of waste removal companies which provided services to a company that went into liquidation shortly …