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In the private credit space, side letters remain crucial for tailoring fund terms to the regulatory, tax, operational and policy needs of investors. They are a key feature of private credit fund negotiations...

The Supreme Court has held in Kession Capital Ltd (in liquidation) v KVB Consultants Ltd [2026] UKSC 11 that an authorised firm is not liable under section 39(3) of the Financial...

First, we will consider Brexit renegotiation and termination clauses. Brexit has brought widespread uncertainty to all businesses and especially to those in the food sector who import and export...

The UK's illegal working regime is due to expand from 1 October 2026 to include non-employee workers, self-employed contractors and online job-matching platforms.

Amy Jacks and James Morris discuss how to protect construction businesses from insolvencies.

Two companies in administration challenged the validity of a receivership appointment and subsequent property sale after discovering the appointment document named the wrong chargor. The court examined whether established legal principles for correcting documentary mistakes could save the flawed appointment, with significant implications for property title and secured lending practices.

Latent defects insurance (LDI) has become a mainstream product in the new build housing and commercial property market, with all major residential mortgage providers and some commercial funders requiring an approved form ...

The PRA's supervisory statement on outsourcing arrangements and managing third party risk requires insurers to take action now, to ensure that outsourcing agreements...

A social media influencer has been ordered to pay £213,000 in damages for selling counterfeit luxury goods bearing the trade marks of major fashion houses including Fendi, Loewe, Christian Dior, and Celine. The Intellectual Property Enterprise Court judgment explores how damages are calculated in trade mark infringement cases, particularly when defendants fail to provide adequate disclosure and when lost sales cannot be directly proven.

The timing of strategic steps may significantly impact the balance of power between parties and can make or break a case.

A recent English court decision examined two critical aspects of force majeure clauses in commercial contracts: what constitutes an "unforeseeable" event and whether notice requirements operate as conditions precedent. The case arose from a grain shipment dispute involving a vessel stranded in the Black Sea during the Ukraine invasion, where the seller invoked force majeure after Russian inspectors halted vessel inspections.

We reported on the case of Systech v PC Harrington, a TCC judgment where Mr Justice Akenhead (the judge in charge of the TCC) held that an adjudicator was entitled to be paid his fees (calculated on an hourly basis), despite the fact that his decision was unenforceable.

In this 20th episode of our series of commercial litigation update podcasts, we look at the High Court's decision dismissing ClientEarth's...

The background to this litigation arose out of a claim in GAFTA arbitration proceedings by Toepfer against Broda for alleged breach of a contract for the supply of milling wheat.

The Court of Appeal recently had to consider whether a side letter, drafted in parallel to a binding contract, and whose purpose was to confirm the parties’ agreement to enter, at a later date, into a separate secondary agreement, was itself legally binding.

Claims for damages for breach of contract often include components for both management time and loss of profit. The Technology and Construction Court has recently considered the principles concerning the recovery and assessment of these two types of damages.

The dust may have settled a little – for now – on the volcanic ash catastrophe, but businesses should see the crisis as an opportunity to consider how they could be adversely affected by events not of their own making.