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.
A document heavy Commercial Disputes Weekly with two decisions on disclosure considering collateral use and removal of privilege issues. We also look at a decision on the interplay of termination provisions in finance leasing documents and illegitimate reasons for declaratory relief.
This Commercial Disputes Weekly covers two decisions on the provision of information; one relating to misappropriated cryptocurrency and the other to business information held on employees’ personal devices. We also consider whether a call option gave sufficient proprietary interest to justify relief from forfeiture and the application of the UCTA reasonableness test with two experienced commercial parties.
In this Commercial Disputes Weekly we examine whether an arbitration agreement can exist when no binding contract was concluded. We also consider a post-Brexit anti-suit injunction, the duty of care under a yacht delivery contract and when a landlord can obtain dispensation from notice requirements.
Our latest Commercial Disputes Weekly covers a decision of the Admiralty Court that apportions collision liability between three vessels, another attempt to stay enforcement of an adjudication decision pending a challenge, together with guidance on court procedure for Brexit transition claims and documents requiring service in Ukraine.