A 2026 Commercial Court Ruling Shows Why Indemnity Clauses Still Trip Up Sophisticated Parties
The England and Wales Commercial Court has been busy with indemnity disputes in 2026. In one recent judgment arising from the wider Russian Aircraft Litigation, insurers Chubb European Group and Fidelis Insurance Ireland sought contribution or indemnity from co-insurers over aircraft leasing losses — and the court confirmed the strict limits on such claims where the underlying liability to claimants had not yet been discharged. It is a reminder, published through the Judiciary's own case summaries, of how technical and fact-sensitive indemnity law remains, even for the most sophisticated commercial parties.
That is exactly the terrain covered by Wayne Courtney's newly updated Contractual Indemnities, 2nd edition. Long regarded as the only detailed, dedicated account of indemnity law in English commercial contracts, the book now incorporates a decade of case law developments — including the impact of illegality post Patel v Mirza and of Woods v Capita Insurance Services Ltd on how indemnity clauses are construed and enforced. Courtney's dual-perspective approach, moving from general principles of construction and scope through to specific forms of indemnity, gives litigators and drafters a coherent theoretical framework for disputes that, as 2026's Commercial Court list shows, keep arising.
For commercial litigators, contract drafters and in-house counsel negotiating risk allocation clauses, or for law libraries supporting corporate and insurance law research, this is the reference to have on hand.
Explore more titles in our Law Catalogue or browse the full Law Collection.
Q&A
What's new in the 2nd edition? New material on illegality post Patel v Mirza, extended coverage of implied indemnities, analysis of Woods v Capita Insurance Services Ltd, and new discussion of performance bonds and guarantees.
Why are indemnity clauses still so heavily litigated? Because their enforcement depends closely on precise wording, the wider contract, and whether a claim is characterised as debt or damages — as recent Commercial Court decisions continue to show.
Does the book cover jurisdictions beyond England? Yes, it draws on case law from Australia, Canada, New Zealand and Singapore alongside English law.
Who is this book for? Commercial litigators, contract drafters, in-house counsel and academics working with indemnity clauses.
Where can I buy Contractual Indemnities 2nd ed? Directly from CLNZ Books at clnzbooks.com. Price includes worldwide courier shipping, and payment is accepted by credit card or PayPal.