This edition of Commercial Disputes Weekly considers a UK Supreme Court decision on claims under the CMR convention, an attempt by a freeholder to thwart its tenants, the court’s approach to an allegation that a judgment was obtained by fraud and the interpretation of a contractual cap on liability.
The Court of Appeal has been busy recently with landlord and tenant disputes and we cover two such decisions in this edition of Commercial Disputes Weekly, together with a decision on the relevance of internal hedging of an oil sale contract to a delay damages claim and another don insurance of business interruption losses arising from the pandemic.
In this edition of Commercial Disputes Weekly, we consider the common themes of legislative interpretation, both UK domestic and international, and jurisdictional challenges in arbitration.
A broad spectrum of cases in this issue of Commercial Disputes Weekly covering sanctions and loan notes, rent default in an aircraft lease, a shareholder derivative action challenging climate risk management and remoteness of losses in a cargo sale chain.
CDW will be taking a short break. The next issue will be available on Tuesday 6 June 2023.
In this issue of Commercial Disputes Weekly, we consider a Supreme Court decision on limitation of time in respect of an oil spill, interpretation of an aviation lessor determination clause, the requirements for formation of a lease and whether it was reasonable to believe that sanctions applied.
In this edition of Commercial Disputes Weekly, we discuss a Court of Appeal decision on a novel issue as to the status of a bill of lading in the hands of a charterer, as well as judgments on interpretation of a covenant not to build, the applicable law for an interest claim and a case that will not get its day in the Supreme Court.
This issue of Commercial Disputes Weekly covers two arbitration challenges on fairness and jurisdiction, the interpretation of a live/work covenant in a lease and an unsuccessful invocation of Brexit and the pandemic as force majeure.
This edition of Commercial Disputes Weekly considers two classic insurance issues, namely insurable interest and co-insurance, as well as the availability of an injunction to prevent enforcement of loan security and whether the resignation of an adjudicator makes a challenge out of time.
An international and financial flavour to this issue of Commercial Disputes Weekly with cases enforcing sovereign debt, bringing claims under securities and seeking information from overseas banks for fraud claims. We also consider a decision on the interpretation of informal contracts.
Representation from a range of courts in this issue of Commercial Disputes Weekly with cases on contract formation and interpretation, a decision on the basis of interest claims on US dollar judgments and when time starts running in deceit claims.
CDW will return on Tuesday 18 April 2023 after a short break.
A strong transport theme for this issue of Commercial Disputes Weekly, with a decision on the impact of sanctions on aircraft leasing standby letters of credit and two maritime decisions on unseaworthiness and recovery of standby charges. We round it off with a look at whether recent damage from a WWII bomb falls within the war exclusion of an insurance policy.
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.