Topic: Contractual interpretation
Subscribe to Contractual interpretationLondon Metal Exchange wins High Court battle over US$12 billion cancelled nickel trades
March 06, 2024
Discussing the High Court judgment in R (Elliott Associates LP) & Anor v The London Metal Exchange & Anor [2023] EWHC 2969 (Admin).
Court of Appeal finds an historic act of war was “a” cause of damage
February 26, 2024
Discussing the recent decision in University of Exeter v Allianz Insurance PLC (Rev1) [2023] EWCA Civ 1484.
UK High Court dismisses Force Majeure and Sanctions defences in oil purchase contract dispute
February 20, 2024
Considering the High Court decision in Litasco SA v Der Mond Oil & Gas Africa SA & another [2023] EWHC 2866 (Comm).
Case review: non-assignment clauses and transferring the right to arbitrate by operation of law
January 17, 2024
The disputes team have written an article discussing an interesting recent Court of Appeal decision regarding non-assignment clauses
Commercial Litigation Round-Up – December 2023
December 19, 2023
Catch up on important legal developments in the past 4 months.
Court of Appeal considers the approach to assess a "material adverse change"
December 05, 2023
Considering the court’s approach to assess whether there was a material adverse change in the company’s prospects was incorrect and the buyer’s claim failed.
Tax claims in M&A transactions: potential pitfalls
November 17, 2023
An article considering the practical issues and potential pitfalls that can arise where there are claims under the tax indemnities and warranties in an M&A transaction.
Exclusion of ‘anticipated profits’ prevents a claim for lost revenue
November 15, 2023
Discussing the decision in EE v Virgin [2023] EWHC 1989 (TCC) which examined the scope of exclusion clauses and determined that a claim for "loss of revenue” was effectively a claim for loss of profits.
Court of Appeal considers undertakings to court given in settlement agreements
October 17, 2023
Court of Appeal overturned the High Court’s decision in Smith v Blackhouse refusing to accept certain undertakings in a settlement agreement as undertakings to the Court because they were too wide and uncertain.
Commercial Litigation Round-Up – August 2023
August 28, 2023
A helpful round-up of important recent cases, procedural developments and hot topics for businesses to help busy in-house counsel keep up to date, particularly those who are involved in managing disputes.