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.
In Commercial Dispute Weekly Issue 107, the cases address some contractual basics; offer and acceptance, jurisdiction clauses and quantification of damages for breach. We also look at a decision highlighting the often difficult issue of when litigation privilege begins.
The cases in this week’s Commercial Disputes Weekly look at the Court’s approach to all types of behaviour including serious error, dishonesty and fraud.
A broad spectrum of cases this week in Commercial Disputes Weekly, including jurisdiction, duress and liability apportionment in the first collision case to reach the Supreme Court since 1976.
Our latest Commercial Disputes Weekly contains a trio of contract interpretation cases that demonstrate the importance of understanding exactly what you are agreeing to, and a reminder from the Court that in court hearings are the norm once again.
There is an international flavour to this week’s CDW looking at cross border insolvency and jurisdiction disputes. We also include one of probably many cases that will arise out of the pandemic and the PPE shortage, and then come closer to home with a claim relating to the cladding crisis following the Grenfell Tower fire.
This week’s CDW includes the first reported judgment on the Trade Secrets (Enforcement, etc.) Regulations 2018, decisions on interpretation of bank guarantees and insurance aggregation clauses, and the Commercial Court invokes the draconian remedy of strike out for not progressing a claim.
In this week’s Commercial Disputes Weekly, we consider the Supreme Court’s interpretation of the Commonhold and Leasehold Reform Act 2002, overturning previous case law that has stood as binding authority for ten years. We also look at the Court of Appeal’s confirmation of the invalidity of unsealed claim forms under the Electronic Working Pilot Scheme, the TCC’s ambitions to reduce costs in domestic building disputes and the Commercial Court’s decision on when an adjournment is not necessary in the interest of fairness.
In this 100th edition of CDW, we consider the recognition of acts of foreign states, two common issues that occur at the commencement of proceedings and who qualifies as an operator for limitation of liability purposes.
In this week’s CDW, the Court of Appeal overturns a decision in the court below on charterparty demurrage clauses. The Commercial Court considers the nature of a cryptocurrency swap contract and we focus on two judgments concerning procedural issues which are frequently encountered in commercial disputes.
