Litigation Notes

Privy Council considers reformulated test for determining scope of duty of care owed by professional advisers

In the context of a claim brought by a bank against a valuer, seeking damages in respect of a negligent valuation report for land representing the bank’s …

A party could not rely on a contractual term where it was both "onerous" and "buried" within standard terms that were incorporated by reference

The High Court has held that, while the claimant's standard terms were incorporated by reference into a signed contract, a term that required the …

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 …

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

High Court draws adverse inferences from failure to call relevant witness, and finds default interest clause to be an unenforceable penalty

The High Court has rejected a claim for misrepresentation, finding that although a fraudulent misrepresentation had been made, it had not induced the …

High Court finds acceleration clause is susceptible to rule on penalties, but declines to apply the rule as the amounts in question were payable in any event under a separate clause

Supreme Court restores orthodox approach to liquidated damages for delay where work never completed

The Supreme Court has overturned a Court of Appeal decision which held that a clause providing for liquidated damages for delay did not apply where the …

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP …

High Court finds clause in supplier's standard terms and conditions was unreasonable for purposes of Unfair Contract Terms Act 1977

In a recent decision, the High Court found that a supplier's standard terms and conditions had been incorporated by reference into the contract, but an …

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 decision highlights dangers of choosing non-exclusive jurisdiction clause in favour of an EU court

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 …