English Court of Appeal: Awareness Is Necessary to Waive Contractual Termination Rights

The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.

By Nell Perks and Anna Kullmann

Key Points:

  • Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
  • For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.

Introduction

The … Read the rest

Getty Images v. Stability AI: English High Court Rejects Secondary Copyright Claim

The Court also found limited trademark infringement and seemingly departed from EU law.

By Sophie Goossens and Brett Shandler

On 4 November 2025, the High Court of England and Wales (the Court) handed down its long-awaited judgment in Getty Images v. Stability AI, a case brought by various entities in the Getty Images group as well as a contributor entity (collectively, Getty), essentially alleging that Stability AI had infringed IP rights asserted by Getty in the course of the … Read the rest