This week we consider the impact of an arbitration award on limitation defences and whether planning status should be considered in freehold valuation. We also look at when the court may hand down judgment even after the parties have settled and the ongoing impact of sanctions on dispute resolution.
This week we consider a trio of contract cases and the impact of the Ukraine war on dispute resolution.
A financial flavour to this week’s Commercial Disputes Weekly with a look at Events of Default under a loan facility and a decision on the requisite knowledge for a financial services offence. We also cover a judgment that adds to the developing case law in relation to digital currency and another confirming the importance of enforcement of arbitration awards.
The cases covered in Commercial Disputes Weekly 111 give guidance on the application of sanctions to a bareboat charter, avoiding a breach of the draft judgment embargo, trusts and claiming losses in relation to investment funds.
Commodities disputes have kept the courts busy this week and allowed the first reported decision on the implied term that insurers will pay claims within a reasonable period. Commercial Disputes Weekly also looks at a Supreme Court decision on the Housing Act 1985 and a case of enforcement of personal guarantees.
A broad spectrum of cases this week in Commercial Disputes Weekly, including jurisdiction, duress and liability apportionment in the first collision case to reach the Supreme Court since 1976.
Our latest Commercial Disputes Weekly contains a trio of contract interpretation cases that demonstrate the importance of understanding exactly what you are agreeing to, and a reminder from the Court that in court hearings are the norm once again.
There is an international flavour to this week’s CDW looking at cross border insolvency and jurisdiction disputes. We also include one of probably many cases that will arise out of the pandemic and the PPE shortage, and then come closer to home with a claim relating to the cladding crisis following the Grenfell Tower fire.
This week’s CDW includes the first reported judgment on the Trade Secrets (Enforcement, etc.) Regulations 2018, decisions on interpretation of bank guarantees and insurance aggregation clauses, and the Commercial Court invokes the draconian remedy of strike out for not progressing a claim.
In this week’s Commercial Disputes Weekly, we consider the Supreme Court’s interpretation of the Commonhold and Leasehold Reform Act 2002, overturning previous case law that has stood as binding authority for ten years. We also look at the Court of Appeal’s confirmation of the invalidity of unsealed claim forms under the Electronic Working Pilot Scheme, the TCC’s ambitions to reduce costs in domestic building disputes and the Commercial Court’s decision on when an adjournment is not necessary in the interest of fairness.