Aviation case gives insight into treatment of jurisdiction clauses after Brexit15 February 2021
This article gives insight into post-Brexit English court jurisdiction clauses in light of the outcome of the Etihad Airways PJSC v Flöther case.
This article gives insight into post-Brexit English court jurisdiction clauses in light of the outcome of the Etihad Airways PJSC v Flöther case.
This week’s Commercial Disputes Weekly includes a trio of cases involving issues arising out of the Covid-19 pandemic, including arguments on frustration and change of law clauses, and consideration of whether an affidavit can be sworn remotely. Plus cases on disclosure, Part 36 and abuse of process to get your teeth into!
This article examines the recent Commercial Court comments that an airline operator’s aircraft leases were not frustrated by the effects of Covid-19.
Check out this week’s Commercial Disputes Weekly for the latest from the English courts, from guidance on costs budgeting in high value cases, to the importance of properly pleading allegations of fraud and a decision on whether a draft bill of lading contains a representation by the shipper as to the condition of cargo.
The treatment of “income adjusting events” is a source of potential litigation, both in terms of judicial reviews and contractual warranty or indemnity claims. In the sixth of our nine-part series on the OFTO Regime, this article examines the issues that arise and how parties might seek to resolve them.
This article examines the recent TCC decision in which the court confirmed that it will not hesitate to find an adjudicator’s decision unenforceable where there was a clear breach of natural justice.
Find out what the Supreme Court had to say on the FCA’s business interruption test case in this week’s Commercial Disputes Weekly, as well as Court of Appeal decisions on without prejudice privilege, whether an expert owes fiduciary duties to their client, and when a claim will be struck out as an abuse of process.
This article examines the UK Supreme Court’s decision on the coverage provided by Business Interruption insurance policies in relation to losses arising out of the Covid-19 pandemic and resulting government measures.
Ryland Ash and Alexander Creswick have written a feature piece for construction sector publication PBC Today on payment regimes and mechanisms in contracts.
Find out what the Supreme Court had to say on the FCA’s business interruption test case in this week’s Commercial Disputes Weekly, as well as Court of Appeal decisions on without prejudice privilege, whether an expert owes fiduciary duties to their client, and when a claim will be struck out as an abuse of process.
In this article we discuss a recent decision of the TCC which provided useful guidance on the meaning of “design life” in construction contracts.
There are lots of cases to get your teeth into in our first Commercial Disputes Weekly of 2021, from decisions on asymmetric jurisdiction clauses and the costs implications of abandoning a claim, to the latest guidance on the Disclosure Review Pilot and the application of rules on challenging jurisdiction to stakeholder claims.