Aviation case gives insight into treatment of jurisdiction clauses after Brexit15 February 2021
This article gives insight into post-Brexit English court jurisdiction clauses in light of the outcome of the Etihad Airways PJSC v Flöther case.
This article gives insight into post-Brexit English court jurisdiction clauses in light of the outcome of the Etihad Airways PJSC v Flöther case.
This week’s Commercial Disputes Weekly includes a trio of cases involving issues arising out of the Covid-19 pandemic, including arguments on frustration and change of law clauses, and consideration of whether an affidavit can be sworn remotely. Plus cases on disclosure, Part 36 and abuse of process to get your teeth into!
This article examines the recent Commercial Court comments that an airline operator’s aircraft leases were not frustrated by the effects of Covid-19.
Check out this week’s Commercial Disputes Weekly for the latest from the English courts, from guidance on costs budgeting in high value cases, to the importance of properly pleading allegations of fraud and a decision on whether a draft bill of lading contains a representation by the shipper as to the condition of cargo.
Find out what the Supreme Court had to say on the FCA’s business interruption test case in this week’s Commercial Disputes Weekly, as well as Court of Appeal decisions on without prejudice privilege, whether an expert owes fiduciary duties to their client, and when a claim will be struck out as an abuse of process.
Find out what the Supreme Court had to say on the FCA’s business interruption test case in this week’s Commercial Disputes Weekly, as well as Court of Appeal decisions on without prejudice privilege, whether an expert owes fiduciary duties to their client, and when a claim will be struck out as an abuse of process.
There are lots of cases to get your teeth into in our first Commercial Disputes Weekly of 2021, from decisions on asymmetric jurisdiction clauses and the costs implications of abandoning a claim, to the latest guidance on the Disclosure Review Pilot and the application of rules on challenging jurisdiction to stakeholder claims.
Well-known maritime disputes expert Mike Phillips has joined the firm as a Partner in London. He moves from Stephenson Harwood, where he has been a partner for 12 years.
In the last of this year’s Commercial Disputes Weekly, discover the meaning of arbitration, what the Court of Appeal thinks about redundancy arguments when construing contracts, and when the English courts will restrain payment under a performance guarantee. With very best wishes to all our readers, we’ll be back in 2021!
Many of the cases in this week’s Commercial Disputes Weekly share a common theme – the importance of the principle of finality. Look out for decisions on enforcement of foreign judgments, the knowledge requirements for contempt and the approach to summary assessment of costs.
In this week’s Commercial Disputes Weekly an important Supreme Court case on arbitrators’ duties to give disclosure of appointments in multiple arbitrators, as well as a pair of cases involving fine art.
This article examines the case of Banco San Juan Internacional, Inc v Petroleos De Venezuela SA. where the effect of sanctions on obligations under a loan agreement and the doctrine of unenforceable penalty were discussed.