UK, Contract Drafting, Breach of Contract

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

Mayer Brown on 3/14/2025

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on 2/6/2025

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

Knobbe Martens on 10/26/2016

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more

Paying The Penalty? Supreme Court Clarifies Rule Against “Penalty Clauses”

McDermott Will & Emery on 11/12/2015

Last week, the Supreme Court of England and Wales issued a judgment that gives some welcome clarification about when a contractual provision may be deemed an unenforceable “penalty clause”. This should help employers draft...more

Consequential Loss in Energy Commodity Contracts

King & Spalding on 10/9/2015

Energy commodity contracts can be of significant monetary value, and their breach may expose the defaulting counterparty to significant liabilities for contractual damages. In considering potential liabilities, contracting...more

A Cautionary Tale: English Courts Further Depart from a Traditional Approach to Liquidated Damages in Unaoil v Leighton

King & Spalding on 11/7/2014

In September 2014, the Commercial Court handed down an unprecedented decision, finding that a liquidated damages ("LD") clause in a contract was a "genuine pre-estimate of loss" at the time the parties entered into the...more

English Court Finds Shareholder Default Provisions Unenforceable as a Penalty

Morgan Lewis on 12/12/2013

Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements....more

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