Litigation Notes

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

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 finds buyer gave sufficient notice of claim under SPA, emphasising need to construe such clauses in light of commercial purpose

Exclusion clauses: High Court finds claim for "charges unlawfully avoided" fell within contractual exclusion for loss of anticipated profits

Commercial litigation podcast series – Episode 20: General update

Liability caps: importance of clear drafting

A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both …

Commercial Court finds indemnities covered negligence where no express reference

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect

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 …

High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud

High Court provides helpful guidance on interpretation of time-bar clause

A recent decision in the High Court has given useful guidance on the interpretation of a contractual time-bar clause: Arab Lawyers Networks Company v …

Court of Appeal upholds decision correcting drafting error by interpretation