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Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more

Overview of Three Recent Decisions on the Interpretation of Contractual Clauses

English courts will seek to determine the objective meaning of a contractual provision when a dispute as to its interpretation arises. The starting point is the ordinary meaning of the words in the agreement but as and when...more

Implied Duty of Rationality in Commercial Contracts

On 30 November 2020, the UK High Court handed down judgment in the relief phase of the case of Otello Corporation ASA v. Moore Freres & Company LLC and Last Lion Holdings Limited (BL-2018-000840). Dorsey & Whitney advised...more

Enforcing Contractual Obligations – What To Do If Business Debts Are Unpaid: A Quick Guide

As a result of the Coronavirus pandemic and the related lock-downs, many businesses will find that counterparties owe them fixed obligations, for example debt payments, but say that they are unable to fulfill these...more

COVID-19 Pandemic – What Should I Do if My Counterparty to an Important Contract is Applying Pressure to Change Our Agreement?

As the economic impacts of the COVID-19 pandemic continue to grow, many businesses are faced with unprecedented challenges. As businesses struggle economically, they may face pressure from their contractual counterparties...more

Restrictive Covenants in Employment Contracts - Employer Liability

A recent Court of Appeal case, Allen t/a David Allen Chartered Accountants v Pollock and Anr [2020] EWCA Civ 258, has considered the liability that can arise where one business poaches an employee from a rival business, in...more

COVID-19 Pandemic – What Should I Do if a Transaction that I Have Been Negotiating Suddenly Collapses?

The ongoing COVID-19 pandemic and the related economic downturn are impacting businesses worldwide. Many deals and transactions that were under negotiation in the period leading up to the current health crisis are now falling...more

Contractual Implications of the COVID-19 Pandemic – Can it Excuse a Business from Performance of Contractual Obligations Under...

The continuing COVID-19 pandemic is causing significant disruption across the globe with governments implementing a variety of measures, including travel restrictions, nationwide lockdowns and the cancellation of large-scale...more

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