Commercial cases

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

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

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

Benefiting from the Contracts (Rights of Third Parties) Act

Published on 03 July 2019. By David Cran, Partner

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

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

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

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

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

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

Will an entire agreement clause exclude claims for misrepresentation?

20 December 2018

Will an entire agreement clause exclude claims for misrepresentation?

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

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

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

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

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

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

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

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

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

Contractual Interpretation - no oral modification clauses

09 August 2018

Is a no oral modification clause legally effective?

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

Damages – "negotiating damages" for breach of contract

09 August 2018

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

Read more
Snapshot

Good faith / duress

12 April 2018

When will the Court imply a duty of good faith?

Read more
Snapshot

Contractual interpretation / limitation of liability

12 April 2018

How will the Court interpret limitation of liability clauses?

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 / implied terms

12 April 2018

How will the Court approach interpretation of related agreements and implying terms for "business purposes"?

Read more
Snapshot

Assessing damages for termination

12 April 2018

How will the Court assess damages for termination on an express contractual right?

Read more
Snapshot

How will a court assess damages in a claim for negligent valuation?

18 December 2017

How will a court assess damages in a claim for negligent valuation?

Read more
Snapshot

How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?

18 December 2017

How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?

Read more
Snapshot

Can TV formats be protected by copyright as artistic works?

18 December 2017

Can TV formats be protected by copyright as artistic works?

Read more
Snapshot

Will a variation of the underlying agreement invalidate a guarantee?

18 December 2017

Will a variation of the underlying agreement invalidate a guarantee?

Read more
Snapshot

What amounts to effective service of a notice

18 December 2017

What amounts to effective service of a notice?

Read more
Snapshot

What constitutes the “ordinary and proper course of business”?

18 December 2017

What constitutes the “ordinary and proper course of business”?

Read more
Snapshot

Service provider liability

29 September 2017

EU proposal provides clarity on incoming requirements for digital service providers

Read more
Snapshot

Interpretation of uncertain provisions – Kitcatt and others MMS v UK Holdings Ltd and others [2017] EWHC 675

29 September 2017

How will a Court interpret a clause that is uncertain or which appears to be unworkable?

Read more
Snapshot

Effective assignment and notice

25 September 2017

General Nutrition Investment Company v Holland and Barrett International Ltd and another [2017] EWHC 746 (Ch)

Read more
Snapshot

GB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289

25 September 2017

When using defined terms in a contract, how careful do you need to be in their consistent application?

Read more
Snapshot

Unfair Contract Terms Act

25 September 2017

African Export-Import Bank v Shebah Exploration & Production Company Ltd

Read more
Snapshot

Exclusion clauses

25 September 2017

Excluding liability for negligence was reasonable – Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC)

Read more
Snapshot

Supreme Court decision on conflicting contractual standards – MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59

25 September 2017

How will the Court resolve conflicting contractual standards, e.g. between general obligations and specified international standards?

Read more
Snapshot

Contractual discretion

25 September 2017

Rationality in exercise of discretion – Watson and others v Watchfinder.co.uk Limited [2017] EWHC 1275

Read more
Snapshot

Unclear limitation clauses

25 September 2017

Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC)

Read more