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  • Article

    With Great IP Comes Great Responsibility

    Sony's leaked 2014 agreement with Marvel reveals strict contractual obligations requiring regular Spider-Man content production to retain IP rights, demonstrating the strategic power of performance-based licensing terms. The document exposes how Marvel maintained creative control and exclusivity windows despite selling the film rights, offering insights into high-stakes intellectual property negotiations in the entertainment industry.
    United KingdomIntellectual Property
    Marks & Clerk
    Marks & Clerk
  • Article

    Liquidated Damages And Cap Carve Outs

    A recent Supreme Court (SC) decision brought some calmness back to the tech world by overturning what was deemed to be a surprising decision by the Court of Appeal (CoA).
    United KingdomLaw Department Performance
    W Legal
    W Legal
  • Article

    Agreement To Negotiate In Good Faith Within A Limited Period Held Enforceable

    This case is significant because it creates an exception to the general principle that an agreement to negotiate is unenforceable.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Breaking The Deadlock: What Can Disputes Practitioners Learn From Hostage Negotiators?

    Drawing on insights from London International Disputes Week 2026, this article explores how crisis negotiation techniques—including stabilizing before solving, building genuine connections, and managing emotion intelligently—can transform...
    United KingdomLitigation, Mediation & Arbitration
    Lewis Silkin
    Lewis Silkin
  • Article

    Clarity Is King When Waiving Your Rights

    The Court of Appeal has provided helpful guidance on the circumstances in which the English courts will uphold waivers of valuable legal rights.
    United KingdomLitigation, Mediation & Arbitration
    A&O Shearman
    A&O Shearman
  • Article

    Commercial Court Report For 2024-2025 Highlights Another Busy Year

    The report reveals a sustained high caseload, a strong international focus and an increasing number of arbitration applications.
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Commercial Litigation Podcast Series – Episode 35: General Update

    This is the 35th episode of our series of commercial litigation update podcasts. In this episode we discuss some recent developments on litigation funding, opt-out competition class actions and jurisdiction clauses...
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Court Of Appeal Considers Meaning Of "Commercially Reasonable Manner"

    This case addressed the construction of a clause requiring a party to make a determination in a "commercially reasonable manner" in relation to an option for early termination.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Court Of Appeal Reviews LADs Provisions In JCT Contract

    The JCT standard form of contract provides a specific contractual mechanism for deduction of Liquidated and Ascertained Damages ("LADs") by the employer in certain circumstances if the construction project is not completed on time (as do many other standard form construction contracts, although the procedure in the JCT is more complicated than most).
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Disclosure - September 2016

    This is a landmark decision of the High Court, approving the use of predictive coding for the first time. "Predictive coding" (also known as technology, or computer, assisted review), is a method whereby software analyses documents and "scores" them for relevance, and thereby reduces both the time and costs needed to complete an electronic disclosure exercise.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    English Court Rules On Unwinding Of Distressed Debt LMA Trades

    The unwind provisions were upheld such that both trades were required to be unwound.
    United KingdomLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    English Rulings Highlight Need For Care When Drawing Up Settlement Agreements

    Two recent cases underscore the importance of precise language in settlement agreements. In Dawnvale Café v Hylgar Properties and Bin Obaid & Ors v Al-Hezaimi, courts ruled that unclear wording limited the scope of claims settled, highlighting the need for careful drafting.
    United KingdomLitigation, Mediation & Arbitration
    Osborne Clarke LLP
    Osborne Clarke LLP
  • Article

    Excluding Liability For Dishonest Breach – A Warning

    The recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC) provides a salient reminder of the need for parties...
    United KingdomLitigation, Mediation & Arbitration
    Blaser Mills
    Blaser Mills
  • Article

    High Court Rules Member's Profit Share Can Be Subject To Forfeiture (Hosking V Marathon Asset Management LLP [2016] EWHR 2418 (Ch))

    The High Court has ruled that a profit share payable to a member of an LLP was capable of being subject to forfeiture where the member was found to have breached his fiduciary duties to the LLP.
    United KingdomLitigation, Mediation & Arbitration
    RWK Goodman
    RWK Goodman
  • Article

    JAS Financial Products LLP v ICAP Plc (2016)

    High Court decides that oral discussions resulted in non-binding heads of terms, not a legally binding agreement.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    LexisNexis Q&A – Can A Claim For Procuring A Breach Of Contract Be Brought By A Party That Itself Is Not Party To The Breached Contract?

    The question does not specify who the proposed Claimant is in this example or their relationship to the contractual parties. This note proceeds on the assumption that they are connected...
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    New Media Holding Company LLC v Kuznetsov (2016)

    The High Court considered the contractual status of a document described as a "term sheet" and found that it was a binding contract.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Recent Changes To The Rules Applicable To Appeals

    On 3 October 2016, Part 52 of the Civil Procedure Rules was restructured following years of piecemeal amendment.
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Relief From Court Sanctions

    Supreme Court agrees that applicants must demonstrate a "material change of circumstances" in order for relief from sanctions to be granted following a previous refusal of relief...
    United KingdomLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    The Extension Of The Arbitration Agreement To Non-signatory Parties

    Multiparty disputes can arise due to the complex nature of commercial transactions where more than two parties are involved.
    United KingdomLitigation, Mediation & Arbitration
    Withers LLP
    Withers LLP
  • Showing 681–700 of 4200 results

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