The Court of Appeal has found that a buyer gave sufficient notice of a claim for breach of warranty under a share purchase agreement where the notice specified a different basis for assessing loss than was ultimately pursued: Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477.
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Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty’s offer of non-contractual performance
In a judgment out today, the Supreme Court has unanimously overturned the Court of Appeal’s decision that a shipowner was not entitled to rely on a force majeure clause in a shipping contract when its charterer’s parent company became subject to US sanctions. It found that, contrary to the Court of Appeal’s decision, the shipowner…
High Court allows last-minute application for extension of time to comply with unless order
A recent High Court decision provides helpful guidance on the treatment of applications for an extension of time to comply with a procedural deadline, where the application is made at the very last minute – or in this instance, more precisely, the last three minutes: Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC…
Court of Appeal clarifies when multiple claimants can bring claims using a single claim form
The Court of Appeal has upheld a decision refusing to strike out a claim form in which 134 claimants are bringing professional negligence claims against a firm of solicitors relating to investments in development projects promoted by the same group of companies: Morris v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376.…
Proposed rule changes regarding the court’s power to compel ADR
The Civil Procedure Rule Committee (CPRC) is consulting on draft amendments to the Civil Procedure Rules regarding the court’s power to order litigants to engage in alternative dispute resolution (ADR). The proposed changes are intended to reflect the landmark Court of Appeal decision late last year in Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416…
Supreme Court upholds anti-suit injunction in support of foreign-seated arbitration
Earlier this week the Supreme Court announced its decision in Unicredit Bank GmbH v RusChemAlliance LLC, with the full judgment to follow. It dismissed the appeal and maintained a final anti-suit injunction in respect of proceedings brought in Russia in breach of a Paris-seated arbitration agreement.
This decision confirms that the English court may grant…
Civil Justice Council establishes review of third party litigation funding
As anticipated, the Civil Justice Council (CJC) has taken up the government’s invitation to conduct a review of the litigation funding sector (as flagged in our previous blog post). Its announcement yesterday said that the group, co-chaired by Mr Justice Simon Picken and Dr John Sorabji, would look to provide an interim report by…
High Court considers whether third party’s documents are in party’s practical control for disclosure purposes
The High Court has held that a foreign government body did not have control, for the purposes of its disclosure obligations, of documents held by various other government bodies and professional services providers, as the documents of those third parties were not within its practical control: The Public Institution for Social Security v Al-Wazzan [2024]…
Case management and disclosure implications of environmental group action being brought as “global claim”
The High Court has determined questions of case management and disclosure following on from its previous ruling (considered here) that group claims against Shell Plc and its Nigerian subsidiary relating to oil contamination in the Niger Delta must proceed as “global claims”, in light of the claimants’ failure to identify the particular spills said…