Latest Articles

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.

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.