Where construction contracts make no specific provision as to how disputes are to be resolved, a statutory adjudication regime kicks in – but that begs the question of what exactly is a construction contract. In a guideline case, the High Court ruled that a contract
Agents who arrange to receive secret commissions on client introductions only have themselves to blame if judges refuse to enforce payment. However, the Court of Appeal has ruled in a ground-breaking case that a broker was not obliged to inform its clients of the precise
Fabled diamonds company De Beers sells rough diamonds into the jewellery trade at so called ‘sights’ that were once held 10 times annually in London. However, in a guideline case of interest to anyone engaged in commerce, the Court of Appeal has ruled that its
Insurance policies are worthless unless you understand and abide by their terms and conditions. However, in a guideline case, the Court of Appeal ruled that a waste processing company did just that and was entitled to an indemnity against catastrophic fire damage. The cause of
Supply chains can be lengthy and, when damage occurs to perishable goods in transit, it can be hard to pin down where responsibility lies. That was certainly so in a High Court case concerning a consignment of almost 12 tons of French cheese. The French
Exclusive English jurisdiction clauses feature in thousands of international contracts and that is one reason why the world’s legal business is done in London. One such clause came under analysis in a case concerning an eight-figure loss suffered by insurers following the crash landing of
The opinions of the Commercial Court in London carry persuasive force around the world. However, its role is not to resolve factual issues in a vacuum but to provide practical relief to those who have been wronged. The Court of Appeal resoundingly made that point
Disappointed parties to contract adjudications often cite alleged breaches of natural justice as a reason why awards should not be honoured. However, a High Court case concerning the design and installation of an airport baggage handling system showed just how hard it can be to
Seventy per cent of cases that come before the Commercial Court in London have at least one overseas party and difficulties can arise when crucial witnesses who live abroad do not attend to give evidence. Exactly that happened in a shipping case in which a
When businesses with broadly equal bargaining power enter into a freely negotiated contract, the law will rarely intervene to alter the bargain. The point could hardly have been more clearly made than by a Court of Appeal case concerning a disastrous food factory fire. The
