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In a claim for payment of a debt in respect of the provision of services, the Court of Appeal has held that time started to run from the date the work was done, not from the contractually agreed deadline for payment. While the agreed time for payment was a procedural bar to the creditor seeking … Read more
The Court of Appeal has upheld the High Court’s decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. The Court of Appeal endorsed the judge’s … Read more
A recent Court of Appeal decision provides useful guidance on disputes about the validity of the underlying contract where that contract contains an arbitration clause. The decision clarifies the important principle of separability, under which an arbitration agreement is treated as a contract which is separate from the main contract of which it forms part: … Read more
The High Court has held that the court can refuse to accept undertakings which a party has agreed to give to it as part of the settlement of a civil claim: Smith v Backhouse [2022] EWHC 3011 (KB). The court noted that, where an undertaking is given to the court, a breach of the undertaking … Read more
The Commercial Court has granted an anti-suit injunction restraining Belgian proceedings brought in breach of an exclusive English jurisdiction clause: Ebury Partners Belgium SA/NV v Technical Touch BV, Jan Berthels [2022] EWHC 2927 (Comm). This appears to be one of the first cases post-Brexit in which an anti-suit injunction has been granted by an English … Read more
In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors … Read more
The Court of Appeal has allowed an appeal against a finding that the majority shareholders of a company had engaged in unfairly prejudicial conduct by removing from office two directors with minority interests, in a case which provides important clarification around the scope and construction of contractual provisions obliging the parties to act in good … Read more
The Court of Appeal has held, by a majority, that a shipowner was not entitled to rely on a force majeure clause in a shipping contract where its charterer’s parent company became subject to US sanctions: MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406. The decision turned on the wording of the force … Read more
The Court of Appeal has dismissed appeals against the grant of summary judgment to commercial landlords for payment of accrued rent in two cases where the relevant premises (in each case operated as cinemas) had to be closed for extended periods due to Covid restrictions: Bank of New York Mellon (International) Ltd v Cine-UK Ltd; … Read more
