In an important and timely judgment in MUR Shipping BV v RTI Ltd, the High Court of England and Wales has provided guidance as to the scope of a ‘reasonable endeavours’ obligation in the context of a force majeure clause triggered by the imposition of sanctions. In short, a party subject to such an obligation is not required to accept non-contractual performance to circumvent the effect of a force majeure event.
When litigation is either underway or in prospect, the unwary can fall into the trap of assuming that everything they do that is related to that dispute (however tenuously) will be covered by litigation privilege. The decision in Kyla Shipping Co Ltd & Another v Freight Trading Ltd & Others is a salutary reminder to remain clear headed in respect of privilege issues.
The judgment of the High Court of England and Wales in Cardiorentis AG v IQVIA Ltd & Another appears to be the first common law court’s decision that gives detailed consideration to the duties of companies involved in the conduct of clinical trials and, in particular, the standard of care owed by contract research organisations.
Battles of forms create intolerable uncertainty regarding the contractual basis of trading relationships. Companies concerned that their own carefully drafted standard terms may be trumped by a ‘last shot’ from a trading partner should take note of the recent Court of Appeal of England and Wales’ judgment in TRW Limited v Panasonic Industry Europe GmbH & Another.
In this post we look forward to some of the procedural developments that those litigating in England and Wales can expect to see in the next twelve months.