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England and Wales decisions
Decisions matching the current search
The Commercial Court partly struck out a defence and counterclaim for inadequate pleading, but left valuation and appropriation issues for trial.
UK Global Healthcare Ltd v Secretary of State for Health and Social Care [2026] EWHC 561 (TCC) (12 March 2026)
Summary judgment and strike out were refused in a glove-supply dispute, with the court finding triable issues on prevention, waiver, estoppel, and contractual expiry.
Integral Petroleum SA & Ors v Dun & Ors [2022] EWHC 659 (Comm) (24 March 2022)
The Commercial Court refused summary judgment on a bank’s counterclaim, finding a real prospect of trial issues over an alleged oral extension of loan payment terms.
De Havilland Aircraft of Canada Ltd v Spicejet Ltd [2021] EWHC 362 (Comm) (23 February 2021)
The High Court held that CO6 did not suspend payment obligations for later aircraft, rejected SpiceJet's finance-assistance defence, and upheld liquidated damages.
The High Court held that the shipbuilding contracts provided express extension-of-time machinery, so the prevention principle did not apply. The appeals were dismissed.
Jiangsu Guoxin Corporation Ltd v Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm) (30 April 2020)
High Court appeal under the Arbitration Act 1996 on shipbuilding contracts. The court upheld the tribunal, holding the prevention principle did not apply and notice requirements mattered.
TMF Trustee Ltd & Ors v Fire Navigation Inc & Ors [2019] EWHC 2918 (Comm) (01 November 2019)
Commercial Court summary judgment dispute over ship financing turned on the prevention principle, a no set-off clause, and default interest under the loan agreement.
Summary judgment was refused in a loan enforcement dispute because the borrowers had an arguable prevention-principle defence; the court held the no set-off clause did not exclude it.
Summary judgment was granted for Cargill for US$61.8 million under advance payment steel supply agreements. The defendant’s prevention principle and estoppel defenses failed.
Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)
Summary judgment was granted for Cargill for US$61.8 million under advance payment and steel supply agreements, rejecting prevention principle and estoppel defenses.
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