Practical Law

In the ongoing case of Pyrrho Investments v MWB Property, Master Matthews has handed down the first reported English High Court decision on the topic of predictive coding. Judicial approval for the use of predictive coding during disclosure has been long awaited and has now finally arrived.

In the recent case of Fulton Shipping v Globalia Business Travel, which concerns mitigation of loss, the Court of Appeal once again reiterated that claimants will only be compensated for losses actually suffered (the compensatory principle).

The High Court in C&S Associates v Enterprise Insurance has held that a fairly informal exchange of emails was sufficient to vary the terms of a contract where this included a clause providing that any contractual variation had to be in writing and signed by or on behalf of both parties.

We have been asked to advise our clients and colleagues on numerous recent occasions whether a commercial contract can be terminated because of a breakdown of trust and confidence. Unfortunately, for all of those who sought that advice, the answer is no. Two recent English cases have confirmed that the courts will not generally imply … Continue reading No implied term of mutual trust and confidence in commercial contracts →

The recent Supreme Court case of Bunge SA v Nidera BV has reinforced the principle stated in The Golden Victory that damages for breach of contract are awarded to compensate the innocent party for the actual losses suffered as a result of the breach.

The case of Flame SA v Glory Wealth Shipping PTE Ltd is a warning to parties considering a repudiatory breach claim to first consider whether, at the time of the breach, they were in a position to perform their own contractual obligations. If not, it may not be worth their while to sue, as this … Continue reading Claims for repudiatory breach: was the claimant ready, willing and able to perform? →