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A recent High Court decision shows that whether or not a material adverse change clause will be found to be triggered by Covid-19 is a highly fact-dependent question which will depend on the wording of the clause and the relevant context: The Football Association Premier League Ltd v PPLive Sports International Ltd [2022] EWHC 38 (Comm). Although … Read more
The Court of Appeal has dismissed an appeal against a Commercial Court decision that a buyer was entitled to the repayment of an advance where there had been non-delivery for force majeure reasons. In doing so, the court found that, as a matter of construction, the contract between the parties obliged the seller to make … Read more
The High Court has granted a bank’s application to strike out a defendant customer’s counterclaim, finding that it was barred by a settlement agreement relating to an earlier set of proceedings between the parties, and that the customer could not demonstrate any real prospect of showing that the settlement agreement should be set aside: Bank … Read more
The High Court has upheld certain contractual terms which set out the basis of the parties’ relationship in dismissing a breach of duty claim by an investor and his associated companies against a chartered accounting firm in relation to losses alleged to have been suffered as a result of their introduction by the firm to … Read more
The High Court has held that, while a claimant’s standard terms were incorporated by reference into a signed contract, a term that required the defendant to pay cancellation fees was not incorporated as it was onerous and the claimant had not done enough to draw the defendant’s attention to it: Blu-Sky Solutions Ltd v Be … Read more
There have been only a limited number of commercial cases arising solely as a result of the COVID-19 pandemic and so judicial guidance on the legal principles applicable to the disruption of commercial contracts in this specific context is sparse. However, in a recent decision, the High Court has granted summary judgment to the landlord … Read more
The Court of Appeal has dismissed an appeal against a High Court decision which went against the unambiguous literal meaning of the clause: MonSolar IQ Ltd v Woden Park Ltd [2021] EWCA Civ 961. This is an application of what the court referred to as the Chartbrook principle, by which clear mistakes in the drafting of a document can … Read more
The Court of Appeal has found that a fiduciary relationship is not a necessary pre-condition to relief in respect of an undisclosed commission paid to an agent. Instead, the court should determine whether the agent was obliged to provide information, advice or recommendation on an impartial or disinterested basis, saying that “it is the duty … Read more
The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a franchise agreement due to the COVID-19 pandemic, the franchisor was in breach of duty in failing to consider the franchisee’s need to self-isolate: Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] EWHC 1218 … Read more
