Drafting contracts – key lessons from 2023

Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from 2023 which highlight key points for those involved in drafting or managing contracts. The cases chosen deal with formation, interpretation and implied terms, exclusion and limitation clauses, good faith and contractual discretion, force majeure and novation. In each … Read more

Commercial litigation podcast series – Episode 22: General update

In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses … Read more

High Court decision considers force majeure and sanctions issues

The High Court has allowed a summary judgment application in relation to a breach of contract claim, finding that there was no realistic prospect of the defendants being able to rely on force majeure and change of trade sanctions provisions in the agreement: Litasco SA v Der Mond Oil and Gas Africa SA & Anor (Rev1) [2023] … Read more

Reasonableness of exclusion clause under UCTA: Equality of commercial bargaining strength does not necessarily mean equality of bargaining strength as to contract terms

The Court of Appeal recently considered the factors to be taken into account in determining the reasonableness of a term excluding the statutory implied term as to quality in either a hire purchase agreement or an agreement based on a party’s standard terms of business: Last Bus Ltd v Dawsongroup Bus and Coach [2023] EWCA … Read more

Court of Appeal interprets warranty that there had been no material adverse change in company’s prospects and highlights need for careful compliance with notice provisions

A recent Court of Appeal decision has overturned a first instance finding that sellers of a company were liable for breach of a warranty that there had been “no material adverse change” in the company’s prospects since the accounts date specified in the agreement: Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWCA Civ 1284. … Read more

Exclusion clauses: High Court grants summary judgment as losses fell within clear and unambiguous exclusion clause and UCTA reasonableness test did not apply

In a recent decision, the High Court granted summary judgment in favour of a defendant on the basis that the claimant had no real prospect of establishing that its losses were not excluded under the terms of the relevant agreements: Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2023] EWHC 2506 (TCC). The decision … Read more