Fulstow & Another v. Francis should serve as a reminder of the court’s willingness to sanction parties severely for failing to comply with the procedural rules relating to trial witness statements....more
In Houssein & Others v. London Credit Ltd & Another[1], the Court of Appeal considered the proper application of the common law rules on penalties to a default interest clause in a loan agreement. Contrary to the conclusion...more
The recent decision in Glover and Another v. Fluid Structural Engineers & Technical Designers Ltd and Others should serve as a warning to practitioners to pay heed to the strict rules regarding expert evidence and, in...more
In its judgment in Sharp Corporation Ltd v. Viterra BV handed down last month, the UK Supreme Court held that damages for nonacceptance of goods should be determined by reference to the realisable value of the goods left in...more
The English Court of Appeal’s recent decision in Drax Smart Generation Holdco Ltd v. Scottish Power Retail Holdings Ltd put commercial purpose at the heart of interpretation of a claims notice clause, thereby avoiding the...more
In a final twist to this long and winding litigation, the UK Supreme Court has allowed MUR Shipping’s appeal, holding that ‘reasonable endeavours’ provisions in force majeure clauses (express or implied) do not require...more
In NTT Limited & Others v. Goodall, the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example...more
The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies. It has now started work on a new project to...more
The Civil Procedure Rules Committee is consulting on a proposed draft amendment to Civil Procedure Rule (CPR) 5.4, which would allow significantly increased public access to documents with potentially far-reaching impacts....more
Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others, in which the Supreme Court of the United...more
In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via...more
In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC, the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the...more
In Innovate Pharmaceuticals Limited v. University of Portsmouth Higher Education Corporation, the High Court of England and Wales held that a limitation clause was drafted sufficiently broadly to limit liability even in cases...more
In its recent decision in Boonyaem v. Persons Unknown Category A, Persons Unknown Category B and INGFX Limited,[1] the High Court of England and Wales addressed some of the key issues that have frequently arisen in cases of...more
At the end of 2023, the UK Supreme Court handed down judgment in Byers and others v. Saudi National Bank. Unanimously dismissing the appeal, the Supreme Court definitively determined that a claim in knowing receipt cannot be...more
In an update to our May 2023 blog on the case, the Court of Appeal has held in Decision Inc Holdings Proprietary Ltd & Another v. Stephen Garbett & Another that the High Court erred both in its interpretation of and approach...more
The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a...more
The Ministry of Justice has published the UK government’s response to the consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters,...more
The UK Supreme Court’s recent judgment in Republic of Mozambique v. Privinvest Shipbuilding SAL and others,[1] provides an extremely valuable analysis of the proper basis for staying legal proceedings in favour of arbitration...more
In Robert Colicci & Others v. Nora Grinberg & Another, the High Court of England and Wales confirmed that a Part 36 offer containing a term that the court would not have been able to order (in this case, a payment to the...more
In Rhine Shipping DMCC v. Vitol SA, the Commercial Court of England and Wales determined that the claimant’s internal risk management system, by which the risk of loss arising from physical trades was ‘hedged’ against...more
In its judgment in Decision Inc Holdings Proprietary Limited v. Garbett and El-Mariesh, the High Court of England and Wales provided guidance on the interpretation of two types of warranties commonly found in sale and...more
In Osbourne v Persons Unknown & Others,the High Court of England and Wales confirmed that there is ‘at least a realistically arguable case’ that non-fungible tokens are to be treated as property as a matter of English law and...more
In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more
In its judgment in Burnford & Others v Automobile Association Developments Ltd, the Court of Appeal has provided a useful summary of the current status of the ‘reflective loss’ principle – the rule that shareholders cannot...more