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Harriet Campbell Professional support lawyer
Nobody knows what will happen over the coming months. But decisions on complying with contractual obligations need to be taken now nonetheless. We highlight key issues..
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When and why will the courts imply a term into a contract? This vexed question was recently considered by the courts in Taqa Bratani & Ors v Rockrose UKCS8 LLC [2020] ..
The EU Withdrawal Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, (the “Act”) repealed the European Communities Act 1972 (the “ECA”) on Exi..
In what looks likely to be a long-running and high profile legal battle, with enormous sums of public money at stake, the Court of Appeal has upheld the decision of th..
The Court may dispense with service of a claim form in exceptional circumstances (CPR 6.16(1)).
This Supreme Court decision concerned the enforceability of an agreement between an estate agent and a vendor.
In one of the first cases to apply Cavendish Square v Makdessi [2015] UKSC 67, the Supreme Court's seminal decision on penalty clauses, the Commercial Court has held t..
In this case, Abbeygate (a developer) appealed a decision of the High Court awarding Gaia damages of £1.4 million.
In this Court of Appeal case, the Appellants succeeded in bringing a claim under the Contracts (Rights of Third Parties) Act 1999 (the “Act”), even though they were ne..
This appeal related to an issue that commonly arises in cases relating to interest rate swaps and other hedging arrangements.
Ms Ang was an individual investor in Bitcoin futures. She brought proceedings against Reliantco over the handling of her Bitcoin account in England, notwithstanding an..
When does commercial pressure cross the line into duress? In this Court of Appeal judgment, some welcome clarity has been provided on the scope of "lawful act duress".
In most cases the Court is going to be reluctant to agree that Brexit will frustrate a contract, rather than merely leaving a party with a bad bargain. The fact that a..
The Claimant (“APFL”) entered into a framework agreement with the Defendant (“CAI”) to purchase aircraft from Airbus, and then to lease that same aircraft to CAI.
A material variation in performance of a construction contract will not necessarily equate to a material breach of that contract, entitling the innocent party to deter..
What happens to a right to liquidated damages for delay when a contract is terminated? Up until now, there has been a series of conflicting judgments on the point. The..