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Article

Commercial Disputes Weekly – Issue 14420 December 2022

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.

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Article

Can I have a refund?16 December 2022

In this article we discuss Havila Kystruten AS v Abarca Compania de Seguros AS in which we represented the successful Norwegian shipowner. The judgment is welcome for the detailed guidance on the parties’ rights to terminate shipbuilding contracts as well as the nature and scope of refund guarantees.

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Article

Commercial Disputes Weekly – Issue 14313 December 2022

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.

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Article

Commercial Disputes Weekly – Issue 1426 December 2022

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.

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Article

Commercial Disputes Weekly – Issue 14129 November 2022

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.

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