News: February 2019

Possible implications of a ‘No Deal’ Brexit for commercial contracts

Despite a wealth of proposals, no clear majority has surfaced for any single legislative option in the House of Commons to manage the United Kingdom’s departure from the European Union (Brexit). As such, as an operation of law on 29 March 2019, without an agreed or managed exit (a No Deal), contracts, domestic and international, will need to be reviewed for their effectiveness. Here we explore the potential effects of a No Deal on typical contractual terms.

Breaching an anti-suit injunction: Prince discovers no one is above the law

In Mobile Telecommunications Co KSC v HRH Prince Hussam bin Abdulaziz au Saud the High Court sentenced Prince Hussam, a Saudi Prince, to twelve months imprisonment for contempt of court for breaching an anti-suit injunction. The judgment highlights the English court’s willingness to enforce anti-suit injunctions, even resorting to severe methods to do so.

Asserting or Challenging Jurisdiction

In a judgment which is essential reading for anyone seeking to establish or challenge jurisdiction in the High Court, in Kaefer Aislamientos SA de CV v AMS Mexico SA de CV the Court of Appeal clarified the test that a party asserting English jurisdiction must meet, and how that test will be applied when, as is usually the case when a jurisdiction challenge is launched, the evidence before the Court is incomplete.

What Lies Beneath: beware documents hidden in the contract bundle

The recent decision of Clancy Docwra Ltd v E.On Energy Solutions Ltd is a useful reminder to parties to be clear on how works in a construction contract are defined and incorporated.

Knowing when to appeal

When does time for making an application for permission to appeal begin? In circumstances where the time period for making such an application is a relatively limited 21 days, the importance of understanding the answer to this question cannot be understated. In McDonald v Rose, the Court of Appeal recently provided guidance on the procedure to be followed by parties wishing to seek permission to appeal.

Fladgate’s commercial litigation team receives top rankings in The Times Best Law Firms 2019

We are delighted to announce that Fladgate has featured in The Times Best Law Firms 2019