We are back after our short break to a bumper selection of interesting cases. The latest Commercial Disputes Weekly discusses judgments on sanctions and reasonable endeavours, appropriate remedies for proprietary estoppel, Covid-19 insurance, landlord’s expenses and an attempt at using a jurisdictional Trojan Horse.
The decisions in the latest Commercial Disputes Weekly illustrate the various judicial approaches to interpret statutes, witness statements, bespoke drafted contracts and incorporated standard terms.
A good start to the new Court term with a long-awaited Supreme Court decision on directors’ duties, as well as judgments on implied indemnities, dual agents and disclosure orders against overseas third parties.
Commercial Disputes Weekly covers a key decision of the Commercial Court that clarifies the position of the Hague-Visby Rules time bar and misdelivery claims, as well judgments on the interpretation of pre-emption rights, rejection of a claim that a tribunal was biased and when it is in the public interest to proceed with a hearing in the absence of the defendant.
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.
Useful clarification from the courts in the latest Commercial Disputes Weekly, including the differing approaches to proprietary and freezing injunctions and the test for common mistake.
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.
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 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.
Jurisdiction issues arise in three of the cases in this week’s Commercial Disputes Weekly with a clash between an arbitration agreement and a direct action statute, the latest instalment in the dispute over Venezuelan gold and how to serve orders through blockchain on unidentified website operators. The final case considers the requirements for terminating a bareboat charter following a terrorism event of default.