Contracts and Agreements

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A New Gateway for Cross-Border Enforcement: Hague Judgments Convention Comes into Effect in the UK on 1 July 2025

By Lucy Webster and Thulasy Packianathan on Posted in Contracts and Agreements, Dispute Resolution
The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the “Hague Judgments Convention”) will come into effect in the UK on 1 July 2025.  The process of enforcing UK judgments[1] in other contracting states (including all EU Member States (except Denmark), Ukraine and Uruguay) … Continue Reading

Court of Appeal reaffirms stance on fiduciary duties in half-secret commission cases

By Chris Webber on Posted in Banking, Contracts and Agreements, Dispute Resolution
Some years it seems like there are no cases of any real importance. 2025 is not one of those years. Last week a strong Court of Appeal doubled down on a key element of the landmark Johnson v FirstRand decision on secret commissions in motor finance (about to be heard before the Supreme Court). In … Continue Reading

Opening salvo – enforceability of litigation funding agreements in a post-PACCAR world?

By Christian Toms on Posted in Contracts and Agreements, Dispute Resolution, Litigation Funding, Regulation
The recent interim judgment of Therium Litigation Funding A IC v Bugsby Property LLC [2023] EWHC 2627 (Comm) appears to give us an early indication of what might become key battlegrounds between Third-Party Funders and certain funded litigants in the wake of the Supreme Court’s impactful determination in R (PACCAR) v Competition Appeal Tribunal [2023] … Continue Reading

No Contractual Duty Owed to Customers by Banks when Conducting FCA Review into IRHPs

By Mariyam Harunah on Posted in Contracts and Agreements, Dispute Resolution
The Court of Appeal in Elite Property Holdings Limited, Decolace Properties Limited v Barclays Bank Plc [2018] EWCA Civ 1688 considered the appellants’ Application for permission to appeal against the Mercantile Court Judge’s decision to strike out part of the Appellants claims against the Respondent Bank. Whilst the application concerned permission to appeal, this was the first occassion on which … Continue Reading

Overcoming the principle of “reflective loss”

By Chris Webber and Michael Davar on Posted in Contracts and Agreements, Dispute Resolution
In an important recent decision the Commercial Court confirmed the availability of specific performance of a shareholder’s rights under shareholder agreements as a means to dodge the difficulties created for shareholders by the principle of ‘reflective loss’. Background Facts Oceanic Trans Shipping Est was one of three shareholders in two joint venture companies, who owned … Continue Reading

Due or Payable? Court of Appeal Clarifies ISDA Master Early Termination Provisions

By Chris Webber on Posted in Contracts and Agreements, Dispute Resolution
The Court of Appeal has given renewed clarity on how to interpret the early termination provisions of section 6 of the 1992 ISDA Master Agreement. It made clear that inadequate and/or late provision of details of how an early termination amount was calculated will not entitle the Defaulting Party to avoid liability to pay the … Continue Reading
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