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

    High Court finds clause in supplier’s standard terms and conditions was unreasonable for purposes of Unfair Contract Terms Act 1977

    In a recent decision, the High Court found that a supplier’s standard terms and conditions had been incorporated by reference into the contract, but an exclusion clause in those terms and conditions failed to satisfy the requirement of reasonableness under s.11 of the Unfair Contract Terms Act 1977 (“UCTA”): Phoenix Interior Design Ltd v Henley … Read more

    Commercial litigation podcast series – Episode 9: General update

    In this ninth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to Brexit, and discuss some recent cases on factual witness and expert evidence. We also look at a recent Civil Justice Council report on compulsory ADR and finally we discuss an important Supreme Court decision … Read more

    Proposal for EU to join 2019 Hague Judgments Convention

    The European Commission has adopted a proposal for the EU to accede to the 2019 Hague Judgments Convention, an international treaty which is aimed at facilitating the mutual recognition and enforcement of judgments in civil and commercial matters. In order for the EU to join the Convention, the Commission’s proposal will have to be adopted … Read more

    Civil Justice Council recommends court-compelled ADR

    In a report published earlier this week, Compulsory ADR, the Civil Justice Council (CJC) has recommended a greater use of compulsory ADR within the civil courts of England and Wales. In particular, it has concluded that court-mandated ADR is not incompatible with Article 6 of the European Human Rights Convention (right to a fair trial) … Read more