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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
In relation to a claim for breach of warranty on a share sale, the Court of Appeal has upheld a High Court decision that the purchaser’s damages should not be reduced to reflect the fact that the risk of reputational damage as a result of the breach did not ultimately materialise: MDW Holdings Limited v … Read more
The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties’ affiliates prevented the companies from later pursuing claims against their own affiliates. Those affiliates were held to include former administrators appointed by the bank and the administrators’ solicitors: Schofield v Smith [2022] … Read more
The High Court has held that a notice of termination served in April 2020, following the outset of the Covid-19 pandemic, under a force majeure (“FM”) clause in a contract for sale of a vessel was not valid: NKD Maritime Ltd v Bart Maritime (No. 2) Inc [2022] EWHC 1615 (Comm). This decision turned on … Read more
In this 14th episode of our series of commercial litigation update podcasts, we look at the most recent decisions on trial witness statements, a decision on what parties can do when they have received a draft judgment under embargo, upcoming changes to the circumstances in which proceedings can be served on parties outside the jurisdiction … Read more
The High Court has granted summary judgment to an aviation services provider for the recovery of unpaid sums under a novated contract. In so doing, the court held that a contractual clause which required three months’ written notice to terminate posed no bar to the implied novation of the contract, despite the absence of a … Read more
The Court of Appeal has found that a clause excluding consequential losses, or loss of profits, revenue or savings, did not preclude a claimant recovering damages for costs wasted in anticipation of receiving a new IT system which was not ultimately delivered: Soteria Insurance Ltd (formerly CIS General Insurance Limited) v IBM United Kingdom Ltd … Read more
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more
The Commercial Court has held that a shipowner was entitled to rely on a force majeure clause in a shipping contract where its charterer’s parent company became subject to US sanctions – allowing an appeal from an arbitration award on a point of law under section 69 of the Arbitration Act 1996: MUR Shipping BV … Read more
