The cases covered in Commercial Disputes Weekly 111 give guidance on the application of sanctions to a bareboat charter, avoiding a breach of the draft judgment embargo, trusts and claiming losses in relation to investment funds.
Commodities disputes have kept the courts busy this week and allowed the first reported decision on the implied term that insurers will pay claims within a reasonable period. Commercial Disputes Weekly also looks at a Supreme Court decision on the Housing Act 1985 and a case of enforcement of personal guarantees.
This article discusses the decision in Tenke v Katanga where the claimant unsuccessfully challenged an arbitration award for failing on the grounds that the Tribunal rejected an application to adjourn the merits hearing due to Covid-19 related reasons.
The decisions covered in Commercial Disputes Weekly this week include the ongoing pandemic fallout, the Court of Appeal upholding a lower court decision on speed and consumption warranties in charterparties, the problem with shareholders claiming for loss of a company and the law of privilege in cross-jurisdictional litigation.