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.
An Innovative Approach to ESG Litigation
ClientEarth has notified Shell of its claim against the Board of Directors in respect of their alleged failures to manage climate risks.
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.
Exercise to ‘Provide Ballast’ to Irrelevant Claims Not Covered by Litigation Privilege
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.
Why You Should Care: Landmark Decision Regarding the Standard of Care Required when Conducting Clinical Trials
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.
How to Make First Shot Decisive in Battle of Forms
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.
2022 Horizon Scanning
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.