Topic: Contractual interpretation

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.

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.

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 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.

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.

Discussing the complex case of Rhine Shipping DMCC v Vitol SA [2023] EWHC 1265 (Comm) which considered the relevance of hedging to the assessment of damages.

Discussing the judgment in Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor [2023] EWHC 131 (Comm).

Barton & Ors v Morris & Anor [2023] UKSC 3 gives guidance on where a contract ends and unjust enrichment begins.

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 an express ‘good’ faith’ clause in a shareholders’ agreement.