In this edition of Commercial Disputes Weekly, we look at two maritime judgments upholding letters of indemnity and ‘pay to be paid’ clauses, enforcement of an adjudication decision and a positive ending to the long-running Takhar claim.
In this edition of Commercial Disputes Weekly we consider the first decision by the Supreme Court on the meaning of “construction contract”, as well as judgments on agency, novation and interest provisions.
The cases discussed in this edition of Commercial Disputes Weekly illustrate the courts’ approach to interpretation both of statute and contractual terms, in the context of state immunity, protection of water rights, adjudication and loan agreements.
In this edition of Commercial Disputes Weekly, we consider whether a party could rely on its own breach to avoid a debt arising, as well as the governing law of interest on damages, the interplay of insolvency and arbitration and instructions in group litigation.
There is a construction and property focus to this edition of Commercial Disputes Weekly, with decisions on allocation from the Building Safety Fund, environmental impact assessments in planning permission and repudiation of a plumbing sub-contract. We also discuss interpretation of an investment participation agreement.
In this edition of Commercial Disputes Weekly we consider decisions from courts at all levels dealing with issues relating to sanctions, arbitration enforcement, damages, leases and contract interpretation.
In this edition of Commercial Disputes Weekly, we consider two further decisions arising from the war in Ukraine, a planning issue relating to the ‘Bibby Stockholm’ and the interpretation of a limitation of liability claim.
In this edition of Commercial Disputes Weekly, we consider the application of recoveries with layered insurance, the duty of care of a marina owner, whether a second adjudication overlapped with the first adjudication settlement and further guidance on protections for leaseholders from cladding remediation costs.
In this edition of Commercial Disputes Weekly, we consider two more key decisions from the UK Supreme Court on force majeure, sanctions and company director liability in tort. We also discuss a tenant’s remedy for the landlord obtaining a lease termination order by misrepresentation and the latest example of the English courts upholding English jurisdiction agreements against attempts by the Russian courts to override them.
A trio of cases from the Supreme Court in this edition of Commercial Disputes Weekly, together with a decision on the adequacy of the government’s net zero plans and one on the interpretation of an exclusion in standard offshore construction insurance.
In this edition of Commercial Disputes Weekly, we consider various challenges – to jurisdiction, to adjudication and arbitration awards and to the interpretation of an insurance policy.
In this edition of Commercial Disputes Weekly, we consider maritime jurisdiction and limitation claims, the pay to be paid rule, competing claims in relation to an adjudication decision and the different ways the English court can assist with enforcement of a credit agreement.