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United Kingdom Contract Interpretation UK Supreme Court

A&O Shearman

Disputes 101 - Boilerplate provisions and how not to get scalded

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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

Hogan Lovells

UK Service Charge – Supreme Court says pay now, argue later

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The Supreme Court has handed down judgment in Sara & Hossein Asset Holdings Limited v Blacks Limited, a service charge dispute which has been going through the Courts for over 3 years....more

BCLP

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

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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

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

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The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more

BCLP

Supreme Court hands down its judgment in the COVID-19 Business Interruption Insurance Test Case

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The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more

Cooley LLP

Blog: Supreme Court Finds in Favour of Policyholders in FCA COVID-19 Test Case

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This morning the Supreme Court handed down its judgment in the FCA COVID-19 test case, heard on a leapfrog appeal (bypassing the Court of Appeal) from the first instance decision of Lord Justice Flaux and Mr. Justice Butcher....more

Akin Gump Strauss Hauer & Feld LLP

Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements

The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more

BCLP

What to expect from the FCA Test Case appeal to the Supreme Court

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On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more

Hogan Lovells

Legal and Financial Risk Newsletter – May 2019

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UK class actions revived? The Court of Appeal breathes life into Merricks' £14 billion claim against MasterCard - The Court of Appeal has allowed Walter Merricks' appeal of the Competition Appeal Tribunal's (the "CAT")...more

A&O Shearman

No obligation imposed by use of "shall" in commercial referral agreement

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Commercial parties often use the word “shall” to impose a contractual obligation. This Court of Appeal decision is an illustration of how the surrounding circumstances, including prior dealings, can mean that “shall” is...more

Jones Day

Construction Contracts: When Is Industry Best Practice Not Good Enough?

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The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

A&O Shearman

Supreme Court confirms that both commercial common sense and the natural meaning of the words matter in contractual interpretation

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In Wood v Capita Insurance Services Ltd [2017] UKSC 24, the Supreme Court again examined the principles of contractual interpretation. In Arnold v Britton the Supreme Court had cautioned against commercial common sense...more

Latham & Watkins LLP

PF Newsletter: LMA Updates - Quarter One 2016

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Legal & Regulatory - BRRD: FCA publishes modification by consent for Article 55 rules - Article 55 of the EU Bank Recovery and Resolution Directive 2014/59 (BRRD) requires European Economic Area (EEA) firms and...more

Bryan Cave Leighton Paisner

Canary Wharf v Deutsche Trustee Company Limited: Contractual interpretation now settled and straightforward, correct?

The English High Court has once again had to visit the principles for interpretation of contracts under English law, in Canary Wharf v Deutsche Trustee Company Limited and others. The particular issue in dispute concerned...more

Latham & Watkins LLP

Supreme Court Clarifies Test for Implied Terms

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The Supreme Court has clarified that, for a term to be implied into an agreement, it must be either necessary for business efficacy or so obvious that it goes without saying. This is a significant judgment for commercial...more

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