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What documents are within a party's "control" for the purposes of preservation and disclosure in the English courts?

United Kingdom - February 14 2023 The question of control in the context of preservation and disclosure is a factual one that will ultimately require parties to litigation to give…

Stephen Moi, Chris Roberts, Sarah Shearman

The English Court of Appeal finds that accepting non-contractual performance would have overcome a force majeure event

United Kingdom - November 9 2022 In this update we discuss the English Court of Appeal's judgment in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm), which was handed down on 27…

Jonathan Cohen, Hormis Kallarackel, Mark Stefanini

Default on a secured loan facility: the English High Court considers a lender's right to terminate

United Kingdom - May 19 2022 In Lombard North Central Plc v European Skyjets Ltd1, the English High Court has found that a loan agreement had been validly terminated by a lender…

Jonathan Cohen, Ian McDonald, Findley Penn-Hughes, Mark Stefanini

Ukraine Crisis - Implications for English law contracts

Ukraine, United Kingdom - March 1 2022 The crisis in Ukraine will increase the pressure on global supply chains, which are already under significant strain as a result of the…

Jonathan Cohen, Mark Stefanini

Okpabi and others v Royal Dutch Shell plc and another - UK Supreme Court provides further clarification on parent company liability for the actions of its foreign subsidiary

United Kingdom - March 1 2021 The UK Supreme Court has handed down its judgment in the case of Okpabi and others v Royal Dutch Shell Plc and another. Summary of key points The…

Daniel Hart, Jonathan Cohen, Sam Eastwood, Libby Reynolds