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In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, class actions, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, … Read more
The High Court has entered summary judgment in favour of a port operator against a sea ferry operator for the payment of a shortfall due for a failure to meet minimum volumes. The court rejected an argument that the operator could rely on a force majeure defence in light of Brexit and the Covid-19 pandemic: … Read more
The Court of Appeal has found that a party was not entitled to payment of a success fee, or any lesser payment, where the specific event that would trigger payment under the express terms of the contract had not occurred: Contra Holdings Ltd v Bamford [2023] EWCA Civ 374. As a matter of contractual interpretation, … Read more
In this 18th episode of our series of commercial litigation update podcasts, we consider a significant recent decision on representative actions under CPR Part 19, cases on disclosure and judgments handed down under embargo, and a Supreme Court decision on unjust enrichment. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more
Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from 2022 which highlight key points for those involved in drafting or managing contracts. The cases chosen deal with formation, exclusion and limitation clauses, good faith, unexpected events and termination. In each case there is a brief … Read more
The Supreme Court has, by a majority, allowed an appeal against a Court of Appeal judgment (considered here) that granted an award for unjust enrichment where a property was sold for less than the value required to entitle the claimant to a fee under the express terms of the contract: Barton and others v Morris … Read more
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
