Update: A litigation overview – 2015

Herbert Smith Freehills LLP | The Commercial Litigation Journal | January/February 2016 #65
Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …

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Repudiatory Breach: Wrapped up in cotton?

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | The Commercial Litigation Journal | September/October 2015 #63
David Sawtell investigates recent case law on repudiatory breach ‘It is unclear to what extent the “good faith” principle has altered the test restated in The Aquafaith. This is, of course, very unhelpful to wronged parties who need to work out (a) if the other side is in repudiatory breach and (b) if they are, …

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Contract: Take the money and don’t run

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | Procurement & Outsourcing Journal | July/August 2015 #25
David Sawtell considers how far good faith can apply to repudiatory breach ‘If the innocent party has no other reason to affirm the contract than to maximise its damages, the court might scrutinise its claim.’If a party is in serious breach of a contract, the so-called ‘innocent’ party needs to know whether or not it …

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