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Legal and Financial Risk newsletter on legal developments impacting corporates and financial institutions

Partnership disputes often arise from clashing personalities, financial aspirations, and emotional tensions that can threaten business relationships. When traditional litigation proves expensive and risky, mediation offers a confidential, flexible alternative that allows partners to resolve conflicts without the unpredictability of court proceedings. This exploration examines why mediation proves particularly effective in navigating the complex dynamics of partnership breakdowns.

Although the Court of Appeal emphasised in this case, that care must be taken when drawing inferences from deleted text, as deletions can be made for a range of reasons...

Recent announcements of projects such as the intention of the Kuwait Petroleum Company to fund the redevelopment of Britain’s first producing but currently abandoned North Sea Oilfield and the intention of the State Grid Corporation of China to buy into the electricity transmission line business in Brazil serve to remind that projects involving the energy and off-shore industries often, if not almost inevitably, involve complex contractual structures between parties from differing legal systems.

In Sharp Corp Ltd v Viterra BV [2024], the UK Supreme Court affirmed the principles of mitigation and compensation in damages law, highlighting their equal importance. It ruled that the appropriate market for assessing damages is where it is reasonable for the seller to resell the goods. The Court also clarified the limits of the Court of Appeal's powers under s. 69 of the Arbitration Act 1996, emphasizing that errors of fact cannot be revisited and that the Court can only review legal questions

The defendant appointed an arbitrator and emailed a notice of the arbitration to an individual (Mr Cai), who was not an employee of the other party to the purported arbitration (the claimant in this action).

Commercial contracts frequently exclude the ability of third parties to enforce contractual rights under the Contract (Rights of Third Parties) Act 1999.

The Supreme Court clarified force majeure provisions, ruling in RTI Ltd v MUR Shipping BV that reasonable endeavours do not require accepting non-contractual payments, emphasizing the principles of contractual freedom and the need for clear language to waive contractual rights.

Court of Appeal finds that a party did not have to give notice before terminating the contract for repudiatory breach.

Most companies now trade online so it is important that buyers understand their legal position. Online contracts may be created in a number of ways but generally they are carried out by email exchange or via a supplier’s website.

Comparative advertising allows businesses to claim their products or services outperform competitors, but only when those claims are substantiated and compliant with UK advertising regulations. This analysis examines recent ASA rulings that reveal the most common pitfalls businesses encounter...

Rising business rates and overheads. Low consumer spending. Empty high street shops.

The London Tall Buildings Survey 2015 concluded that 263 tall towers are currently in the pipeline across London.

The Society for Computers and Law (SCL) has launched a new adjudication procedure for the resolution of technology disputes on Tuesday 15 October 2019.

The phrases "use reasonable endeavours" or "use all reasonable endeavours" are firm favourites with those who draft contracts, whether relating to property or not.

The Fenwick Elliott Annual Review, (please click here to read), contains a number of articles and features designed to help, keep you informed about the latest legal decisions and regulatory changes so as to enable you to avoid costly delays and disputes.

This case highlighted the importance of clarity in agreeing the terms upon which subcontracts are made and demonstrated how an exclusion clause can fall foul of the UCTA...