In the latest Commercial Disputes Weekly we look at two judgments which indicate the English Court’s approach to deciding in the abstract, as well as a decision which illustrates that the not so new witness statement requirements are still taking some time to bed in.
Useful clarification from the courts in the latest Commercial Disputes Weekly, including the differing approaches to proprietary and freezing injunctions and the test for common mistake.
In the latest Commercial Disputes Weekly, we look at two decisions that clear up some outstanding issues on rent repayment orders, the first reported judgment to decide that disclosure obligations override a solicitor’s lien on its file and an arbitration award that considers the usefulness of weather bureau reports in speed and consumption claims.
After a short break Commercial Disputes Weekly is back with decisions on demurrage, bribery, dispute resolution procedures and the importance of compliance with adjudication notice requirements.
In this week’s Commercial Disputes Weekly we range from calculation of vessel performance warranty claims to notification of the right to manage in a lease, via non-exclusive jurisdiction clauses and waiver of privilege.
CDW will now take a short break. The next edition will be out on Tuesday 6 September 2022.
Jurisdiction issues arise in three of the cases in this week’s Commercial Disputes Weekly with a clash between an arbitration agreement and a direct action statute, the latest instalment in the dispute over Venezuelan gold and how to serve orders through blockchain on unidentified website operators. The final case considers the requirements for terminating a bareboat charter following a terrorism event of default.
A quartet of interpretation cases this week: Commercial Disputes Weekly covers decisions by the Court of Appeal on rent cesser clauses during the pandemic and the requirements for rent repayment orders, and the Commercial Court looks at a commodities sale and purchase agreement and decisions of an arbitral tribunal and judge.
In Commercial Disputes Weekly we consider a crucial decision holding the UK Government to account for failing to comply with its obligations to achieve net zero. We also look at the ever controversial issue of liquidated damages, a stealth jurisdiction argument and an unsuccessful challenge to the Court of Appeal’s approach to allowing grounds of appeal.
A few firsts this week with the successful recovery by a building owner of the costs of replacing cladding post Grenfell and the first decision under the coronavirus rent arbitration scheme. Commercial Disputes Weekly also discusses a key decision in the ongoing quest for recompense by the victims of the Fundao Dam disaster and a Court of Appeal decision in relation to apparent bias.
A good mixture in Commercial Disputes Weekly this week, including fraudulent trading, limitation, property maintenance obligations and Brexit related jurisdiction issues.