Contract/Commercial

Please join Cooley’s litigation team for the fourth session of our webinar series “Update on Key Issues in Crypto Disputes”

In this webinar we will delve into the evolving landscape of crypto disputes litigation in the UK and EU. As the adoption of cryptocurrencies and blockchain technology continues to rise, so do the legal challenges and disputes associated with them. This webinar is designed for legal professionals, financial institutions, and anyone interested in understanding the complexities of crypto-related litigation.

In EE Ltd v. Virgin Mobile Telecoms Ltd[1], the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement.[2] While the decision ultimately confirmed the reasoning of the lower court, the decision is notable for being surprisingly close.

In its decision last year in Aabar Holdings SARL v. Glencore PLC & Others,[1] the High Court handed down a landmark ruling overturning the ‘shareholder rule’, which has been applied to the analysis of legal professional privilege as between a company and its shareholders since the 19th century. The court deemed this long-settled principle of the law of privilege to be ‘unjustifiable’ and held that it should not be applied.

In Topalsson GmbH v. Rolls-Royce Motor Cars Limited,[1] the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation.  

In a significant judgment for the gaming industry, the High Court of England and Wales held in Gibson v. TSE Malta LP (t/a Betfair)[1] that gambling operators do not owe a general duty of care to their customers to prevent gambling-related harm, and that licence conditions imposed on operators do not create implied terms in the contract between the consumer and the operator.

In Aymes International Ltd v. Nutrition4U BV, the Court of Appeal held that the consideration paid by a purchaser for a call option should not be included in the calculation of the target company’s turnover on which the calculation of the purchase price was based.