News & Analysis as of September 19, 2024

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The English Court’s Approach to interpretation of Material Adverse Effect provisions

Morgan Lewis on 10/8/2015

The English High Court recently considered whether a downward revision of a profit forecast would constitute a “material adverse effect” within the parameters of the provision agreed on by the parties in the share purchase...more

A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v Leighton

King & Spalding on 11/7/2014

In September 2014, the Commercial Court handed down an unprecedented decision, finding that a liquidated damages ("LD") clause in a contract was a "genuine pre-estimate of loss" at the time the parties entered into the...more

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Contract Drafting › Damages › United Kingdom

The English Court’s Approach to interpretation of Material Adverse Effect provisions

A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v Leighton

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