This edition of Commercial Disputes Weekly contains reminders of the need for clear contract drafting, as well as considering whether there was apparent bias following a judge’s speech and when a Master’s negligence gives a shipowner a defence to breach of charterer’s orders.
The cases in this edition of Commercial Disputes Weekly provide detailed interpretations of sanctions and landlord and tenant legislation, as well as the importance of the factual matrix in contract interpretation.
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.
The judgments covered in this Commercial Disputes Weekly discuss case management where a sanctioned entity is involved, jurisdiction challenges in enforcement of foreign judgments, whether the identity of a party is privileged and repairing obligations where the tenant was a bank appointed receiver.
This week in Commercial Disputes Weekly we look at tonnage limitation for ship damage claims, the governing law of contribution claims, what makes a notice valid and the reasonableness of installing a waking watch.
We are back after our short break to a bumper selection of interesting cases. The latest Commercial Disputes Weekly discusses judgments on sanctions and reasonable endeavours, appropriate remedies for proprietary estoppel, Covid-19 insurance, landlord’s expenses and an attempt at using a jurisdictional Trojan Horse.
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.
In this article we examine the moratorium on the forfeiture of commercial leases introduced by the Coronavirus Act 2020, and consider some of the pitfalls, which are likely to delay business issues rather than solving them.