Inside disputes

Scottish UCTA decision illustrates courts' reluctance to interfere in a commercial bargain

Scottish UCTA decision illustrates courts' reluctance to interfere in a commercial bargain

In the recent case of Benkert UK Ltd v Paint Dispensing Ltd [2022] CSIH 55, the Scottish Appeal Court dismissed an appeal which challenged the reasonableness of a limitation of liability clause under the Unfair Contract Terms Act 1977.

Articles | February 14, 2023

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2023 Annual Litigation Trends Survey findings

2023 Annual Litigation Trends Survey findings

Norton Rose Fulbright recently released its 18th Annual Litigation Trends Survey, polling more than 430 US- and Canada-based corporate counsel working in financial services, energy, healthcare, technology and other industries.

Articles | February 08, 2023

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Covid was no defence to obligations to pay rent

Covid was no defence to obligations to pay rent

Bank of New York Mellon (International) Ltd v Cine-UK Ltd; London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others [2022] EWCA Civ 1021 illustrates how the English courts will approach cases where commercial tenants seek to resist paying rent during periods of COVID-19 restrictions.

Articles | February 06, 2023

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Banking Litigation Trends

Banking Litigation Trends

Our Banking Litigation Trends publication summarising the trends we saw in 2022, and the key risks we anticipate banks and financial institutions may face in 2023.

Articles | February 01, 2023

Fraud
Court of Appeal holds right to payment for services accrues when work is done

Court of Appeal holds right to payment for services accrues when work is done

Parties to agreements for services should be aware that the cause of action for payment will usually arise as soon as the relevant services are provided

Articles | January 31, 2023

Contractual interpretation
Supreme Court approach to contractual interpretation

Supreme Court approach to contractual interpretation

The Supreme Court appear to have signalled a change in their approach to contractual interpretation.

Articles | January 27, 2023

Contractual interpretation
Witness statements: Indemnity costs for breach of PD 57AC

Witness statements: Indemnity costs for breach of PD 57AC

The High Court judgment in McKinney Plant & Safety Ltd v The Construction Industry Training Board [2022] EWHC 2361 (Ch) provides further guidance on how parties should approach witness statements which fail to comply with the rules of Practice Direction 57AC.

Articles | January 17, 2023

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Latest version of the International Arbitration Report

Latest version of the International Arbitration Report

The latest version of the International Arbitration Report provide updates on important legal and practice developments from around the world, such as the impact of the European energy crisis on international arbitration. It also includes an interesting article focusing on the “standard” components of an arbitration agreement which provides a warning of where poor drafting can result in unnecessary litigation.

Articles | January 13, 2023

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Natural meaning of a settlement agreement releases claims against party's own affiliates

Natural meaning of a settlement agreement releases claims against party's own affiliates

The Court of Appeal held that a settlement agreement which included releases of the parties’ affiliates had the effect of preventing one of the parties from bringing a later claim against its own affiliates, not just the affiliates of the other party.

Articles | January 05, 2023

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