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Court of Appeal finds that default provisions in share purchase agreement are unenforceable penalties
A recent Court of Appeal decision has highlighted the rule against penalties, demonstrating that a penalty can include not only a requirement to pay …
Court of Appeal overturns Commercial Court on construction of retention of title clause
In a recent decision the Court of Appeal found, by a majority, that the effect of a retention of title clause was that the buyer resold the goods as …
Our latest UK Banking Litigation Update published
We have published our latest Banking Litigation Update, summarising some of the more important UK cases and developments affecting financial institutions …
High Court held warranty claim served in time, though not deemed served under CPR till two days later
The High Court has held that a warranty claim was served on a defendant within the contractual time limit. On its proper construction the relevant clause …
Commercial Court finds binding contract formed even though not all terms agreed
The Commercial Court recently decided that a contract was formed for the supply of crude oil blend even though some of the core terms were subject to …
European Parliament committee backs proposed Common European Sales Law
In a vote last week, the Legal Affairs Committee of the European Parliament approved by a large majority the European Commission’s proposal for a …
High Court finds litigation funder was entitled to terminate funding agreement
In a rare decision on termination of a litigation funding agreement, the High Court has held that the funder validly terminated the agreement under a …
Court of Appeal confirms implied fiduciary duty in joint venture arrangement
The Court of Appeal has recently upheld a first instance decision in which the court implied a fiduciary duty into a joint venture arrangement, including …
High Court decision shows need to be clear whether settlement offer subject to contract
A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is …
Court of Appeal confirms high threshold for delay in performance to be repudiatory
The Court of Appeal recently held that a developer's delay in carrying out works did not amount to a repudiatory breach of an agreement for lease: …
High Court confirms unilateral jurisdiction clause is valid under English Law
The Commercial Court has confirmed that one-way or unilateral jurisdiction clauses (in which one party can bring proceedings in one jurisdiction only, …
High Court finds no duty of good faith in exercising contractual right of termination
In a recent decision, the High Court held that a contractual right of termination did not have to be exercised in good faith. An express term of …
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