Topical cases on Ukraine, Russia and sanctions appear in this issue of Commercial Disputes Weekly, together with decisions on the formality requirements for right to manage companies and breach of a material adverse change warranty.
In this issue of Commercial Disputes Weekly, we look at whether disclosure is limited to ‘contemporaneous’ documents, two cases on the importance of following notice procedures to the letter and the extent to which a party can insist on its chosen counsel team.
This week’s Commercial Disputes Weekly considers a Supreme Court decision on rent repayment orders, two maritime decisions as to calculation of the liability sum and determination of time limitation issues in relation to oil pollution.
A varied issue for Commercial Disputes Weekly covering novation from conduct and a no dealing clause, formalities for the witnessing of deeds, whether an adjudicator exercised a lien and an injunction to prevent use of documents overseas.
In this issue of Commercial Disputes Weekly we look at the Admiralty Court’s decision that there was a clear breach of the crossing rules, when the US court can assist with obtaining evidence for English proceedings and two different scenarios in which applications to prevent adjudication enforcement failed.
The decisions in this issue of Commercial Disputes Weekly look at a variety of sources of law: a clash between statute and contract in a landlord and tenant dispute, a potential novel development of the common law with cryptocurrency, a classic battle of the forms sale of goods case and interpretation of the carve out for legal expenses from a freezing order.
In this issue of Commercial Disputes Weekly, we cover the Supreme Court’s decision that Tate Modern’s viewing gallery is a nuisance, together with judgments on apparent arbitrator bias, exercise of a finance lessee’s option to take ownership in a sanctions context and interpretation of a commonly used jurisdiction clause.
This issue of Commercial Disputes Weekly contains some valuable lessons on ensuring that you consider carefully what you are agreeing to as well as making sure finalise the contracting process. We also consider a decision on the interpretation of section 11 of the Landlord and Tenant Act 1985 and when a party should be allowed to defend the claim against them.
This issue of Commercial Disputes Weekly considers the recent UK Supreme Court decision on the conclusive nature of a landlord’s certificate of service charges due, a significant change in calculation of the value of limitation funds under the Hague-Visby Rules, obligations to accept delivery under aircraft leases and when an English court will grant declaratory relief to assist with debt claims in other jurisdictions.
The latest Commercial Disputes Weekly considers the appropriate notional contract under the GAFTA default clause, adjudication decisions on limitation and notices of dissatisfaction and a requirement to exchange contracts within seven days.
We start 2023 with decisions on refund guarantees in a shipbuilding dispute, a no assignment clause in an insurance context, damages for forged warehouse receipts, the enforceability of an adjudicator’s alternative finding and two start-up founders being found liable for fraudulent misrepresentation.
In our final Commercial Disputes Weekly of 2022, we explore when an email is signed, when an English court will not get involved in foreign litigation, the implication of a term when calculating rent in a lease and the evidence required for a claim for the cost of replacement borrowing.
We will be back on Tuesday 10 January 2023 and wish all our readers a relaxing break.