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2021 Results

Newsletter

Commercial Disputes Weekly – Issue 93 2 November 2021

Enforcement of arbitration awards dominate this week’s Commercial Disputes Weekly, with the Supreme Court’s decision on the applicable law to determining the validity of an arbitration agreement, and the Commercial Court’s views on whether a counterclaim can be brought. Plus the first decision on costs capping orders since the introduction of costs budgeting, and an interesting decision from the Court of Appeal on the “battle of the forms” principle.

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Commercial Disputes Weekly – Issue 99 14 December 2021

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.

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Commercial Disputes Weekly – Issue 101 18 January 2022

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.

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Commercial Disputes Weekly – Issue 112 5 April 2022

A financial flavour to this week’s Commercial Disputes Weekly with a look at Events of Default under a loan facility and a decision on the requisite knowledge for a financial services offence. We also cover a judgment that adds to the developing case law in relation to digital currency and another confirming the importance of enforcement of arbitration awards.

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Commercial Disputes Weekly – Issue 120 14 June 2022

The spate of adjudication decisions continues with two more cases dealing with enforcement and the binding nature of such decisions. We also discuss a Court of Appeal decision on the applicable law and jurisdiction in a tower of insurance policies and a question of procedural law in arbitration.

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Commercial Disputes Weekly – Issue 122 28 June 2022

We look at interpretation in various contexts in this Commercial Disputes Weekly; of statutes by the Supreme Court, non-compete covenants before the Court of Appeal and the High Court has dealt with contractual arbitration appointment provisions and obligations to retender.

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Commercial Disputes Weekly – Issue 126 26 July 2022

In Commercial Disputes Weekly we consider a crucial decision holding the UK Government to account for failing to comply with its obligations to achieve net zero. We also look at the ever controversial issue of liquidated damages, a stealth jurisdiction argument and an unsuccessful challenge to the Court of Appeal’s approach to allowing grounds of appeal.

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Commercial Disputes Weekly – Issue 129 16 August 2022

In this week’s Commercial Disputes Weekly we range from calculation of vessel performance warranty claims to notification of the right to manage in a lease, via non-exclusive jurisdiction clauses and waiver of privilege.

CDW will now take a short break. The next edition will be out on Tuesday 6 September 2022.

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Commercial Disputes Weekly – Issue 131 13 September 2022

In the latest Commercial Disputes Weekly, we look at two decisions that clear up some outstanding issues on rent repayment orders, the first reported judgment to decide that disclosure obligations override a solicitor’s lien on its file and an arbitration award that considers the usefulness of weather bureau reports in speed and consumption claims.

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Commercial Disputes Weekly – Issue 133 27 September 2022

In the latest Commercial Disputes Weekly we look at two judgments which indicate the English Court’s approach to deciding in the abstract, as well as a decision which illustrates that the not so new witness statement requirements are still taking some time to bed in.

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