In Commercial Disputes Weekly we look at two landlord and tenant cases (on notices and the surrender of a sub-lease), a decision on security for costs against a trustee in bankruptcy and statutory interpretation where the provision was enacted following an EU directive.
Commercial Disputes Weekly Issue 116 looks at when a contractor is covered against liability claims by being coinsured under the project insurance policy. It also considers the repercussions of breaching the embargo on draft judgments.
This week Commercial Disputes Weekly looks at a decision as to whether a contract of carriage can spring up in a receipt bill of lading after novation of the charterparty.
This week we consider the impact of an arbitration award on limitation defences and whether planning status should be considered in freehold valuation. We also look at when the court may hand down judgment even after the parties have settled and the ongoing impact of sanctions on dispute resolution.
This week we consider a trio of contract cases and the impact of the Ukraine war on dispute resolution.
A financial flavour to this week’s Commercial Disputes Weekly with a look at Events of Default under a loan facility and a decision on the requisite knowledge for a financial services offence. We also cover a judgment that adds to the developing case law in relation to digital currency and another confirming the importance of enforcement of arbitration awards.
The cases covered in Commercial Disputes Weekly 111 give guidance on the application of sanctions to a bareboat charter, avoiding a breach of the draft judgment embargo, trusts and claiming losses in relation to investment funds.
Commodities disputes have kept the courts busy this week and allowed the first reported decision on the implied term that insurers will pay claims within a reasonable period. Commercial Disputes Weekly also looks at a Supreme Court decision on the Housing Act 1985 and a case of enforcement of personal guarantees.
Commodities disputes have kept the courts busy this week and allowed the first reported decision on the implied term that insurers will pay claims within a reasonable period. Commercial Disputes Weekly also looks at a Supreme Court decision on the Housing Act 1985 and a case of enforcement of personal guarantees.
This article discusses the decision in Tenke v Katanga where the claimant unsuccessfully challenged an arbitration award for failing on the grounds that the Tribunal rejected an application to adjourn the merits hearing due to Covid-19 related reasons.
The decisions covered in Commercial Disputes Weekly this week include the ongoing pandemic fallout, the Court of Appeal upholding a lower court decision on speed and consumption warranties in charterparties, the problem with shareholders claiming for loss of a company and the law of privilege in cross-jurisdictional litigation.
In Commercial Dispute Weekly Issue 107, the cases address some contractual basics; offer and acceptance, jurisdiction clauses and quantification of damages for breach. We also look at a decision highlighting the often difficult issue of when litigation privilege begins.