Landmark Decision on the Scope of Economic Duress in English Contract Law

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Landmark Decision on the Scope of Economic Duress in English Contract Law


On 18 August 2021, the Supreme Court gave judgment in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, a decision in which it clarified, amongst other things,… Read more »

CategoryArticles, News Author James Bradford Date

The Validity of Liquidated Damages Clauses: Eco World – Ballymore Embassy Gardens Company Limited v Dobler UK Limited [2021] EWHC 2207 (TCC; O’Farrell J)


A liquidated damages clause is, shortly put, one stipulating the money payable as damages for loss caused by a breach of contract, irrespective of loss suffered. Practitioners will be aware… Read more »

CategoryArticles Author Juan Lopez Date

Too late to join the DAB party? The JCT Dispute Adjudication Board Documentation 2021


In early May 2021, the JCT, in conjunction with the Chartered Institute of Arbitrators (CIArb), released its anticipated Dispute Adjudication Board Documentation 2021 (the “DAB Documentation”). It is intended to… Read more »

CategoryArticles Author Karen Gough Date

Triple Point Technology: At Speed 2


In the second post of this three-part series, Alexander Burrell explores the first issue in the Supreme Court’s judgment in Triple Point Technology, Inc v PTT Public Company Ltd[1] – the interpretation… Read more »

CategoryArticles Author Alexander Burrell Date

Triple Point Technology: At Speed 1


The Supreme Court has now handed down its decision in Triple Point Technology, Inc v PTT Public Company Ltd[1]. There were two main issues before the Supreme Court: Issue 1:… Read more »

CategoryArticles Author Marion Smith QC, Alexander Burrell, Ruth Keating Date

Issues in Unfair Prejudice Petitions 2: Unfairness


In this series of posts, Anna Lintner analyses key aspects of unfair prejudice petitions: What constitutes conduct of the company’s affairs? Unfairness Section 994 Companies Act 2006 (“CA 2006”) permits… Read more »

CategoryArticles Author Anna Lintner Date

SAAMCO Realigned: Scope of Duty and Recovery of Damages for Economic Loss


The extent of the responsibility assumed by a professional adviser, and the extent of their liability if they fail to act with reasonable care, have been the subject of many… Read more »

CategoryArticles Author Vivek Kapoor Date

Back To Back Payment Clauses Under UAE Law – by Alexander Burrell


Alexander Burrell discusses the key features of Back to Back Clauses under UAE law, a common feature of construction contracts in the Gulf region, and often an area of contention… Read more »

CategoryArticles, News Author Alexander Burrell Date

The effect of foreign jurisdiction clauses on the summary enforcement of UK adjudication awards in construction contracts


In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 (see here) Judge Hodge QC determined: “the… Read more »

CategoryArticles, News Author Michael McParland QC Date

Wasted costs and hopeless jurisdiction claims


Today in the High Court in London Mr Justice Cavanagh dismissed a solicitor’s renewed application for permission to appeal against a wasted costs order made against them in the case… Read more »

CategoryArticles, News Author Michael McParland QC Date

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