A quartet of interpretation cases this week: Commercial Disputes Weekly covers decisions by the Court of Appeal on rent cesser clauses during the pandemic and the requirements for rent repayment orders, and the Commercial Court looks at a commodities sale and purchase agreement and decisions of an arbitral tribunal and judge.
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.
A few firsts this week with the successful recovery by a building owner of the costs of replacing cladding post Grenfell and the first decision under the coronavirus rent arbitration scheme. Commercial Disputes Weekly also discusses a key decision in the ongoing quest for recompense by the victims of the Fundao Dam disaster and a Court of Appeal decision in relation to apparent bias.
A good mixture in Commercial Disputes Weekly this week, including fraudulent trading, limitation, property maintenance obligations and Brexit related jurisdiction issues.
When looking at the enforceability of certain contractual provisions, the cases in this week’s Commercial Disputes Weekly consider a raft of other engaging topics, including state immunity from injunctions and when it is not legitimate to restrain trade.
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.
In Commercial Disputes Weekly we look at the first decision on what is a “construction contract” since adjudication was introduced in 1998, in which Watson Farley & Williams acted for the successful appellant before the Court of Appeal.
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.
We cover two adjudication decisions in the latest Commercial Disputes Weekly, as well as an application for permission to substitute an expert witness when the existing expert is no longer willing to act. In addition we discuss the Admiralty Court’s first decision on collision liability in a Precautionary Area.
In this week’s Commercial Disputes Weekly, we look at an interesting decision on mortgagee’s interest insurance and how to interpret the New York Convention in a domestic law context. We also consider two weighty judgments that contain lessons on how not to behave.