“Litigation notes” is our litigation know-how blog where you will find the latest developments on commercial litigation topics.
Articles: 1-10 of 969
Commercial Court finds no implied term necessary to give business efficacy where agreement allocated risk between the parties
United Kingdom - December 17 2025 The Commercial Court has upheld an appeal on a point of law under section 69 of the Arbitration Act 1996, holding that it was not necessary to imply…
Government to legislate for enforceability of litigation funding agreements based on a share of damages
United Kingdom - December 17 2025 As is widely reported this morning, the Government has announced plans to introduce legislation to reverse the effect of the Supreme Court's decision…
Court of Appeal overturns High Court’s interpretation of deferred consideration clause
United Kingdom - November 25 2025 In overturning a first instance decision about the interpretation of a deferred consideration clause in a land sale agreement, the Court of Appeal…
Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right
United Kingdom - November 25 2025 The Court of Appeal has upheld a decision that an energy supplier had not waived its contractual right to terminate an electricity supply contract…
High Court finds trustees in bankruptcy could seek to annul a bankruptcy order where it could not be given practical effect
European Union, United Kingdom - November 24 2025 The High Court has held that trustees in bankruptcy had standing to pursue the annulment of a bankruptcy order where it could not be given practical…
Disclosure Review Working Group seeks views on disclosure under PD 57AD
United Kingdom - November 21 2025 Practice Direction (PD) 57AD came into force on 1 October 2022 and governs disclosure in the Business and Property Courts of England and Wales…
Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision
United Kingdom - November 21 2025 The Court of Appeal has held that a clause which entitled the innocent buyer of a vessel to compensation for its "loss" on exercising a contractual…
High Court finds party has practical control over third parties' documents for disclosure purposes
United Kingdom - November 21 2025 The High Court has held that documents in the possession of third parties engaged by a group of claimants to assist in litigation were within the…
Law Commission recommends new framework for contempt of court liability based on four forms of contempt
United Kingdom - November 19 2025 The Law Commission yesterday published Part One of its report in its review of contempt of court, which concerns issues of liability. The report…
Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach
United Kingdom - November 18 2025 The Supreme Court has held that the Court of Appeal was wrong in finding that the sellers of second-hand tanker vessels were entitled to claim in…
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