Commercial litigation podcast series – Episode 10: General update

In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more

High Court finds acceleration clause is susceptible to rule on penalties, but declines to apply the rule as the amounts in question were payable in any event under a separate clause

In a recent judgment, the High Court held that a clause in a settlement agreement requiring immediate payment of all outstanding amounts in the event of a late payment (an acceleration clause) was capable of falling within the penalty doctrine, but an obligation to pay a daily sum accruing pro rata on any outstanding amounts … Read more

High Court finds buyer not entitled to reject off-spec oil

A recent High Court decision has given a helpful analysis of the consequences that follow from delivering off-specification oil: Galtrade Limited v BP Oil International Limited [2021] EWHC 1796 (Comm). The underlying facts of the case come up quite often in practice, although reported decisions are less frequent. A seller delivered off-spec hydrocarbons (in this … Read more

Court of Appeal decision confirms severe consequences where business partner for exploitation of oil-extraction technology breached fiduciary duty

The Court of Appeal has substantially upheld the first instance decisions in a lengthy piece of ongoing litigation relating to a joint business venture for the exploitation of oil-extraction technology, illustrating the potentially severe consequences fiduciaries face where they put themselves in a position of a conflict of interests: Gray v Global Energy Horizons Corp … Read more