Join Cooley’s competition litigation team for a focused webinar for in-house legal professionals navigating the evolving enforcement landscape across Europe. This program is dedicated to general counsel, legal directors and in-house teams working in competition, regulatory or litigation roles.
Court of Appeal Rules on Termination Rights, Reversing Multimillion-Dollar Award Over Pandemic-Era Mask Contracts
The recent Court of Appeal decision in Advanced Multi-Technology for Medical Industry (trading as Hitex) and Others v. Uniserve [1] provides helpful guidance on: inducement and reliance on misrepresentations; the extent to which an innocent party of a wrongful termination (which is not accepted) is required to complete its contractual obligations thereafter; and notice of delivery in “ex works” contracts.
Remedy of Repudiatory Breaches – English Courts Will Take a Practical, Not Technical, Approach
The recent Court of Appeal decision in Kulkarni v. Gwent Holdings Ltd and Another confirms that repudiatory breaches may be remediable, and that the court will take a practical rather than a technical approach when determining whether a breach is capable of remedy.
Tech Contracting: How to Draft and Act to Avoid Disputes – Part 2
In the second part of this five-article series, we examine another common problem in tech contracting, when the solution a customer buys isn’t up to scratch. What causes this, and how can you draft to avoid it?
UK Supreme Court Clarifies Law on Commissions: Hopcraft v. Close Brothers
On 1 August 2025, the UK Supreme Court delivered its judgment in Hopcraft and another v. Close Brothers Limited,[1] a case with far-reaching implications for retail financial services at large.
Warranty Claims: Notification and Service Requirements Under the Microscope (Again)
The English High Court’s judgment in Learning Curve (NE) Group Ltd v. Richard Lewis and Melanie Probert[1] concerned the alleged breach of warranties and an indemnity in a sale purchase agreement (SPA). The defendants put up a vigorous and multifaceted defence, resulting in an extremely wide-ranging judgment. While much of the analysis is highly fact dependent, two of the issues traversed are worth highlighting – notification of claims under an SPA and service of proceedings.
On the Record: Cooley Litigation Trends Webinar Series – Technology Contract Disputes
Please join Cooley’s litigation team for the next session of our continued legal education (CLE) webinar series, where we explore trends and insights on the disputes landscape in the UK and mainland Europe, and the issues that drive them.
In this session, we’ll explore the most commonly encountered issues arising out of technology contracts and provide guidance on how to draft in a way that maximises your chances of avoiding disputes with other businesses and/or consumers.
UK Supreme Court Clarifies Scope of Dishonest Assistance Liability
The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on determining liability in cases of successive breaches of fiduciary duties, specifically in relation to the application of the compensatory principle and ‘but for’ test, and the availability (or lack thereof) of a right to set off gains against losses caused by the breaches.
How to Win a ‘Battle of Forms’? Avoid Them!
The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as to whose standard terms have been incorporated.
On the Record: Cooley Litigation Trends Webinar Series – Online Marketplaces + Ecommerce
Please join Cooley’s litigation team for our next session of our continued legal education (CLE) webinar series, where we explore trends and insights on the disputes landscape in the UK and mainland Europe, and the issues that drive them.
Online marketplaces and ecommerce now dominate the modern world of B2C transactions. But what does that mean in terms litigation risk – be that regulatory litigation or consumer / commercial litigation? And which areas present the highest risk for businesses operating in this industry?
In this webinar, we’ll take a look at what’s changing for online marketplaces and ecommerce in terms of regulatory obligations, consumer rights, and what it means for businesses and legal teams working in the digital space in terms of litigation risk. We’ll help unpack the latest legal developments across the EU and UK.