United Kingdom: Contracts and Commercial Law

The commercial value of sport has surged in recent years, bringing with it a sharp rise in legal disputes across the sector. From high-stakes broadcasting deals and sponsorship arrangements to complex investment structures and evolving regulatory frameworks, the landscape has become increasingly contentious. Since 2020, sports-related litigation in English courts has increased more than sixfold, with football leading the charge alongside motorsport, horse racing, and other major sports.

A joint venture sought an injunction to prevent a beneficiary from calling on a US$484 million performance guarantee, arguing the liquidated damages clause was an unenforceable penalty and the demand was non-compliant. The court examined whether injunctive relief could be granted to suspend a bond call pending arbitration, and what standard of proof applies when challenging such demands on contractual grounds.

A contractor sought to enforce an adjudicator's decision on liquidated damages, while the employer argued that email correspondence had created a binding agreement to revise completion dates outside the contractual extension of time mechanism. The court examined whether informal email exchanges using the language of agreement could override formal contract procedures, and whether the employer's agent possessed the authority to enter such agreements.

Dominik's comments were published in Global Relay Intelligence & Practice, 13 August 2026, and can be seen here.

The UK Supreme Court's landmark judgment in Great Asia Maritime Limited v Orion Shipping and Trading LLC fundamentally alters the commercial landscape for contractual termination rights. Where compensation clauses distinguish between "losses" and "expenses," parties may now recover loss of bargain damages without proving repudiatory breach.

Clare Brennan, Partner in our Corporate & Commercial team, comments on a landmark Supreme Court decision that clarifies the legal protections available to part-time workers. The ruling confirms that part-time status only needs to be an effective cause of less favourable treatment, rather than the sole or predominant reason, when bringing a claim under the Part-Time Workers Regulations.

The Court of Appeal has clarified the meaning of "public domain" in non-disclosure agreements, holding that professionally drafted NDAs use this term in its established legal sense to mean information generally accessible to the public. The decision provides crucial guidance on how courts will interpret confidentiality exceptions and what level of disclosure actually strips information of its protected status.

A social media influencer has been ordered to pay £213,000 in damages for selling counterfeit luxury goods bearing the trade marks of major fashion houses including Fendi, Loewe, Christian Dior, and Celine. The Intellectual Property Enterprise Court judgment explores how damages are calculated in trade mark infringement cases, particularly when defendants fail to provide adequate disclosure and when lost sales cannot be directly proven.

Family law practitioners gathered to celebrate the launch of a groundbreaking publication that addresses the increasingly complex issue of pet custody disputes following relationship breakdown. Co-authored by leading family law partners, this practical guide explores the legal framework, case law, and international developments surrounding pets in divorce proceedings, offering essential tools for lawyers navigating these emotionally charged cases.