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 16, 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  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.
Assessment of damages: Internal hedging did not reduce loss
July 12, 2023
Discussing the complex case of Rhine Shipping DMCC v Vitol SA  EWHC 1265 (Comm) which considered the relevance of hedging to the assessment of damages.
High Court rules on the effect of sanctions when interpreting contractual clauses
May 31, 2023
Discussing the judgment in Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor  EWHC 131 (Comm).
Barton v Morris: Where contract ends and unjust enrichment begins
May 03, 2023
Barton & Ors v Morris & Anor  UKSC 3 gives guidance on where a contract ends and unjust enrichment begins.
Court can refuse to accept party’s undertaking offered as part of settlement
April 20, 2023
High Court held that it does have jurisdiction to refuse to accept undertakings which a party had agreed to give to the Court as part of a settlement of a civil claim.
Court gives limited interpretation to express ‘good faith’ clause
February 27, 2023
Court gives limited interpretation to an express ‘good’ faith’ clause in a shareholders’ agreement.