News & Analysis as of

Breach of Contract Contract Terms UK Supreme Court

A&O Shearman

Disputes 101 - Boilerplate provisions and how not to get scalded

A&O Shearman on

In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Latham & Watkins LLP

UK Supreme Court Affirms “Orthodox” Approach to Liquidated Damages in English Law

Latham & Watkins LLP on

Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach. Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more

WilmerHale

UK Supreme Court Confirms Correct Approach to Application of Liquidated Damages Clauses When Work Not Completed

WilmerHale on

The UK Supreme Court has recently confirmed an important principle regarding the application of liquidated damages clauses. In Triple Point Technology, Inc v PTT Public Company Ltd, the Supreme Court confirmed that, as a...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

BCLP on

The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

Hogan Lovells on

As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

Akin Gump Strauss Hauer & Feld LLP

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more

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