Latest Articles

What Are You Implying?

In Yoo Design Services Ltd v Iliv Realty PTE Ltd the Court of Appeal has, once again, shown itself to be averse to exercising the ‘extraordinary power’ to intervene in a contract by implying a term in anything other than the most clear-cut cases. While it is understandable that claimants, in the absence of any helpful express terms, make claims based on the implication of terms, a party doing so must appreciate the height of the hurdle to be cleared.  

Dispute Resolution no Longer Alternative

Alternative Dispute Resolution is henceforth to be called Negotiated Dispute Resolution. This change in nomenclature, introduced in the 11th Edition of the Commercial Court Guide, reflects the drive to place dispute resolution at the heart of the litigation process. The message is clear: engaging in dispute resolution should be a standard part of the litigation process.

Resolving Exclusion Confusion

In its hotly anticipated judgment in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited the Court of Appeal of England and Wales has reaffirmed that the courts should apply the conventional rules of contractual interpretation to exclusion clauses: if parties intend to exclude a particular type of loss, they should use clear and unambiguous language to do so.

Economic Crime (Transparency and Enforcement) Act 2022: Nowhere to Hide

The Economic Crime (Transparency and Enforcement) Act 2022 has received Royal Assent. The intention of the act is to crack down on illicit finance and expand the UK Government’s ability to monitor and disrupt those individuals engaged in money laundering or sanction evasion related activities. This post considers the key features of the new legislation.

Scope of Reasonable Endeavours Obligations in Force Majeure Clauses

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.