Commercial cases

Snapshot

Contractual interpretation: the dangers of inconsistency between formulae and worked examples

Published on 02 November 2020. By David Cran, Head of IP and Tech

Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)

Read more
Snapshot

Good faith: relational contracts and the implied duty of good faith

Published on 02 November 2020. By David Cran, Head of IP and Tech

Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)

Read more
Snapshot

Restrictive covenants: restraint of trade and bespoke contracts

Published on 02 November 2020. By David Cran, Head of IP and Tech

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)

Read more
Snapshot

Contractual interpretation rectification not possible purely for a tax benefit

Published on 02 November 2020. By David Cran, Head of IP and Tech

MV Promotions Ltd and another v Telegraph Media Group Ltd and another [2020] EWHC 1357 (Ch)

Read more
Snapshot

Force majeure and circumstances beyond reasonable control

07 August 2020

2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)

Read more
Snapshot

Contractual discretion; implication of Braganza duty

07 August 2020

UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)

Read more
Snapshot

Contractual estoppel; contractual representations

07 August 2020

Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)

Read more
Snapshot

Contractual interpretation; limitation period for notifying claims

07 August 2020

Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)

Read more
Snapshot

Contractual interpretation; rectification

07 August 2020

Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)

Read more
Snapshot

Ministerial statement in response to Law Commission report on electronic execution of documents

02 June 2020

How has the government responded to the Law Commission report on electronic execution of documents?

Read more
Snapshot

Legal advice privilege: dominant purpose

02 June 2020

Court of Appeal (Civil Aviation Authority v R Jet2. Com Ltd [2020] EWCA Civ 35)

Read more
Snapshot

Acquisitions: clause in SPA construed as a covenant to pay, not an indemnity

02 June 2020

When will a clause be considered a covenant to pay as opposed to an indemnity?

Read more
Snapshot

Good faith; contractual discretion

02 June 2020

Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)

Read more
Snapshot

Electronic signatures

21 January 2020

Neocloeous v Rees [2019] EWHC 2462 (Ch)

Read more
Snapshot

Cryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement

21 January 2020

What legal status do cryptoassets have under English law? Are smart contracts legally valid and enforceable under English law?

Read more
Snapshot

Implied duty of good faith in relational agreements

21 January 2020

UTB v Sheffield United

Read more
Snapshot

Implied duty of good faith clarified (High Court)

21 January 2020

New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm)

Read more
Snapshot

Summary judgment granted on basis of “no set off” clause - AMC III Purple BV v Amethyst Radiotherapy Ltd [2019] EWHC 1503 (Comm)

07 November 2019

Will the courts give effect to “no set off" clauses and do they exclude both legal and equitable set off?

Read more
Snapshot

Stobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA Civ 1376

07 November 2019

Was notice of a tax claim under a share purchase agreement effectively given?

Read more
Snapshot

Law Commission - Execution of documents

07 November 2019

Following its review and consultation, what's the Law Commission's position on electronic signatures?

Read more
Snapshot

Rectification of contracts: how to assess parties’ intention (Court of Appeal)

07 November 2019

What is the correct test to be applied in deciding whether the written terms of a contract may be rectified because of a common mistake?

Read more
Snapshot

Racing Partnership Limited v Done Brothers

07 November 2019

Can information that derives from a public sports event be subject to an obligation of confidentiality to the event organiser?

Read more
Snapshot

Gaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited [2019] EWCA Civ 823

07 November 2019

What constitutes “reasonable endeavours”?

Read more
Snapshot

Fraudulent Misrepresentation and non-party losses

03 July 2019

What are the requirements for fraudulent misrepresentation? Can a non-party supplier claim loss of profit under a terminated contract?

Read more
Snapshot

Consultation on Distributed Ledger Technologies Cryptoassets and Smart Contracts

03 July 2019

What is the legal status of cryptoassets and smart contracts?

Read more
Snapshot

‘Relational’ contracts and the implied duty of good faith

03 July 2019

Which characteristics will the court consider when deciding whether a contract is “relational” and therefore subject to an implied duty of good faith?

Read more
Snapshot

Benefiting from the Contracts (Rights of Third Parties) Act

Published on 03 July 2019. By David Cran, Head of IP and Tech

Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?

Read more
Snapshot

Contractual certainty/ implied terms

08 April 2019

Was a binding agreement reached between a vendor and an estate agent, despite the parties not having specified the circumstances in which the agreed rate of commission would fall due?

Read more
Snapshot

Can Brexit frustrate a contract?

08 April 2019

In 2011, the European Medicines Agency (the EU body tasked with the evaluation and supervision of medicines for human and veterinary use within the EU) entered into a 25 year lease at Churchill Place, Canary Wharf, which began in October 2014.

Read more
Snapshot

The Business Contract Terms (Assignment of Receivables) Regulations 2018

08 April 2019

How does the Business Contract Terms (Assignment of Receivables) Regulation prohibit restrictions on the assignment of receivables under commercial agreements?

Read more
Snapshot

Service of notices

08 April 2019

What are the requirements for valid “service” of a completion notice?

Read more
Snapshot

Will an entire agreement clause exclude claims for misrepresentation?

20 December 2018

Will an entire agreement clause exclude claims for misrepresentation?

Read more
Snapshot

UBS v Rose Capital Ventures Limited and others

20 December 2018

Is there a duty to act rationally and in good faith when exercising a contractual right without cause (the Braganza duty)?

Read more
Snapshot

Government announces plans to prohibit certain contractual termination clauses

20 December 2018

Which termination clauses will likely be prohibited by any new legislation?

Read more
Snapshot

How will the Court view 'letters of intent' pending final agreements being concluded?

20 December 2018

What approach does the Court take in relation to the “letters of intent” pending final agreements being concluded?

Read more
Snapshot

Guarantees and Indemnities and whether liquidated damages clauses amount to unenforceable penalties?

20 December 2018

Do liquidated damages clauses amount to unenforceable penalties? What is the difference between a guarantee and indemnity?

Read more
Snapshot

Non-reliance clauses under UCTA

24 September 2018

Is a non-reliance statement subject to section 3 of the Misrepresentation Act 1967 and therefore also subject to the reasonableness test contained in the Unfair Contract Terms Act 1977 (UCTA)?

Read more
Snapshot

Tees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd

24 September 2018

How much detail must be included within a notice for it to be valid?

Read more
Snapshot

Bou-Simon v BGC Brokers LP

24 September 2018

When implying terms into a commercial contract, does the court look to what is fair or to the express terms agreed by the parties?

Read more
Snapshot

Exclusion clauses under UCTA

24 September 2018

Will an exclusion clause which excludes any claim for negligence stand up to the UCTA reasonableness test?

Read more
Snapshot

Proposed legislation looks to prohibit or restrict the assignment of receivables

24 September 2018

How might the Government’s proposed legislation regarding business contract terms prohibit or restrict the assignment of receivables under commercial agreements?

Read more
Snapshot

Relying on force majeure to terminate a contract

24 September 2018

In which circumstances can you rely on a force majeure clause to terminate an agreement?

Read more
Snapshot

Damages – "negotiating damages" for breach of contract

09 August 2018

In what circumstances are "negotiating" (ie Wrotham Park) damages available?

Read more
Snapshot

Contractual interpretation – express "good faith" clauses

09 August 2018

What approach will the courts take in relation to an express "good faith" clause?

Read more
Snapshot

Contractual interpretation – recitals

09 August 2018

What factors will a court consider when interpreting contractual clauses?

Read more
Snapshot

Contractual Interpretation - no oral modification clauses

09 August 2018

Is a no oral modification clause legally effective?

Read more
Snapshot

Does the rule against penalty clauses apply to repayment obligations?

12 April 2018

Holyoake and another v Candy and others [2017] EWHC 3397 (Ch)

Read more
Snapshot

Contractual interpretation / limitation of liability

12 April 2018

How will the Court interpret limitation of liability clauses?

Read more