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Article

Herbert Smith Freehills LLP | United Kingdom | 9 Sep 2011

Exclusion clauses and deliberate repudiatory breach: NETTV reconsidered

In the recent case of AstraZeneca UK Limited v Albermarle International Corporation and another 2011 EWHC 1574 (Comm), the High Court has criticised the "strong presumption" applied in Internet Broadcasting Corporation Ltd (ta NETTV) and another v MAR LLC (ta MARHedge) 2009 EWHC 844 (Ch) that an exclusion clause does not apply to a deliberate repudiatory breach.

Article

Herbert Smith Freehills LLP | United Kingdom | 31 Mar 2010

Commercial Court finds that economic downturn does not constitute force majeure

In Tandrin Aviation Holdings Ltd v Aero Toy Store LLC 2010 EWHC 40 (Comm), Mr Justice Hamblen awarded summary judgment against a party who sought to argue that the stark change in market conditions triggered a force majeure clause.

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