The English Court of Appeal has recently revisited the thorny issue of Legal Advice Privilege, providing some much-needed clarification on when it will apply, particularly in the context of communications sent to multiple addressees.
The significance of current and swell on performance warranties has been the subject of a number of recent LMAA arbitral awards that has brought to light certain uncertainties in this area.
The English High Court recently handed down a helpful judgment that confirms the longstanding market view on the use of bonds and guarantees issued following a declaration of General Average (GA).
This article considers the English High Court’s decision in The Tiger Shanghai, which addressed the issues arising out of obligations in time charterparties to notify claims and provide supporting documents within narrow time frames.
In the Amalie Essberger, the English High Court recently sought to clarify the question of precisely what demurrage time bar clauses require, but in so doing, some lingering uncertainty remains.
This week we look at important decisions from the Court of Appeal on third party funding, the impact of an inadequate ship passage plan, and the knowledge requirement for the tort of inducing breach of contract.
In a significant decision published on 4 March 2020, the English Court of Appeal has upheld the decision of the lower court that an inadequate passage plan that had caused a vessel’s grounding rendered the vessel unseaworthy.
In this article we discuss a recent case in which the English High Court found that an unqualified right to remove the defendant from its position under a ”relational” contract was not subject to an implied duty of good faith.
In this article we discuss how employers procuring construction works can effectively manage the resolution of any defects that arise on their projects.
We look at the latest decision in the dispute between the Tate Modern and flat owners opposite its viewing gallery, as well as decisions on the risks of bringing speculative claims, and whether a disclosed and identified principal can enforce a contract entered into by their agent.
This week’s Commercial Disputes Weekly has now been published, this week covering an important decision on interim measures available in support of arbitration, a useful decision on what to do where the parties to a contract cannot be immediately ascertained, and a decision on statements concerning the apparent order and condition of cargo.
This week look out for another significant Court of Appeal judgment on privilege, a decision on whether “warehousing” a claim always amounts to abuse of process, and a case on setting aside settlement agreements for mistake.