TCC Considers Design Obligations, Implied Terms of Fitness for Purpose and Causation

In the recent case of DBE Energy Ltd v Biogas Products Ltd, the Court considered a claim by DBE Energy Limited (“DBE”) for breach of contract and negligence against Biogas Products Limited (“Biogas”) in relation to the design, manufacture and […]

Read More

Exception Clauses and Causation – Guidance from the Court of Appeal

A recent Court of Appeal decision considered the extent to which an exceptions clause requires a party to prove that, notwithstanding the force majeure event, it would still have performed its obligations. In the recent case of Classic Maritime Inc. […]

Read More

In Breach, But at What Cost? Force Majeure, Causation and Damages

The recent Judgment of the Commercial Court in Classic Maritime Inc. (“CMI”) v Limbungan Makmur SDN BHD & Anor (“Limbungan”) [2018] examines the role of causation when defending a matter on the grounds of force majeure. The Judgment also includes […]

Read More