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DAZN v Coupang: English Court of Appeal Blows the Final Whistle on FIFA Club World Cup Broadcasting Rights Dispute

In DAZN Limited v Coupang Corp the English Court of Appeal has held that informal messages exchanged via WhatsApp and email were sufficient to form a binding contract to sublicence the broadcast rights to the 2025 FIFA Club...more

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

English Court of Appeal Sets the Way Forward in Significant Environmental Damages Group Litigation

In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more

Milieudefensie v Shell: Dutch Appeals Court Overturns Ruling That Shell Must Reduce Its CO2 Emissions by 45%

On 12 November 2024, a Dutch appeals court ruled that Shell does not have to reduce its CO2 emissions by 45% by 2030 compared to 2019 levels, as previously ordered by the Hague District Court on 26 May 2021. Shell now has the...more

MAC/MAE clauses: English Commercial Court delivers guidance in the context of $1.2 billion mining dispute

The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more

English High Court applies Supreme Court decision in Finch: UK fossil fuel projects must be assessed for future climate impact

Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more

UK Supreme Court rules that all fossil fuel projects must be assessed for future impact

The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more

National Contact Points: What are they and why should I care?

Multinational companies are facing increased pressure to ensure that they have adequate ESG-related policies in place and (more importantly) that they are implementing those policies in practice within both their business and...more

Notice provisions should not become a "technical minefield" says the English Court of Appeal

In the English Court of Appeal's judgment in Drax Smart Generation Holdco Limited v Scottish Power Retail Holdings Limited [2024] EWCA Civ 477, it considered the validity of a notice of claim served pursuant to a share...more

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

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