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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.
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.
After a short break Commercial Disputes Weekly is back with decisions on demurrage, bribery, dispute resolution procedures and the importance of compliance with adjudication notice requirements.
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.
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.
Our latest Commercial Disputes Weekly covers a decision of the Admiralty Court that apportions collision liability between three vessels, another attempt to stay enforcement of an adjudication decision pending a challenge, together with guidance on court procedure for Brexit transition claims and documents requiring service in Ukraine.
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.
The decisions in this issue of Commercial Disputes Weekly look at a variety of sources of law: a clash between statute and contract in a landlord and tenant dispute, a potential novel development of the common law with cryptocurrency, a classic battle of the forms sale of goods case and interpretation of the carve out for legal expenses from a freezing order.
A varied issue for Commercial Disputes Weekly covering novation from conduct and a no dealing clause, formalities for the witnessing of deeds, whether an adjudicator exercised a lien and an injunction to prevent use of documents overseas.
A strong transport theme for this issue of Commercial Disputes Weekly, with a decision on the impact of sanctions on aircraft leasing standby letters of credit and two maritime decisions on unseaworthiness and recovery of standby charges. We round it off with a look at whether recent damage from a WWII bomb falls within the war exclusion of an insurance policy.
This edition of Commercial Disputes Weekly considers two examples of how not to approach settlement of a dispute, a demonstration of when a worldwide freezing order may be varied and the English courts’ ongoing efforts to deal with the significant number of post lockdown insurance cases.
The cases covered in this edition of Commercial Disputes Weekly are clear examples of the importance of the English court’s supportive role for arbitration and overseas courts.
