In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...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 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 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
It is common for contracts to contain termination provisions that only allow for termination for a remediable breach if notice of the breach is given and the breaching party is allowed time to remedy it. For a party...more