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Case Reports

Case comment: Phones 4U Ltd (In Administration) v EE Ltd [2018] EWHC 49 (Comm)

To what extent can a termination letter preserve rights under the contract? Can a party sue for damages for breach following termination, if that termination was done under a contractual termination clause and not for breach? A High Court (Comm) decision from January by Andrew Baker J has provided guidance.

Case Analysis: Interactive E Solutions JLT & Anor v O3b Africa Ltd

This is the latest in a line of modern Court of Appeal decisions in relation to exclusion clauses, their proper construction and the manner of their operation. The unusual aspect of this case related to a “carve-out” within the exclusion clause in relation to fraud and how that, in particular, was to take effect.