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MAC/MAE clauses: English Commercial Court delivers guidance in the context of $1.2 billion mining dispute

The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more

English High Court applies Supreme Court decision in Finch: UK fossil fuel projects must be assessed for future climate impact

Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more

UK Supreme Court rules that all fossil fuel projects must be assessed for future impact

The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

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