Commercial cases
Contractual interpretation: the dangers of inconsistency between formulae and worked examples
Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)
Read moreGood faith: relational contracts and the implied duty of good faith
Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)
Read moreRestrictive covenants: restraint of trade and bespoke contracts
Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)
Read moreContractual interpretation rectification not possible purely for a tax benefit
MV Promotions Ltd and another v Telegraph Media Group Ltd and another [2020] EWHC 1357 (Ch)
Read moreForce majeure and circumstances beyond reasonable control
2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)
Read moreContractual discretion; implication of Braganza duty
UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)
Read moreContractual estoppel; contractual representations
Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)
Read moreContractual interpretation; limitation period for notifying claims
Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)
Read moreContractual interpretation; rectification
Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)
Read moreMinisterial statement in response to Law Commission report on electronic execution of documents
How has the government responded to the Law Commission report on electronic execution of documents?
Read moreLegal advice privilege: dominant purpose
Court of Appeal (Civil Aviation Authority v R Jet2. Com Ltd [2020] EWCA Civ 35)
Read moreAcquisitions: clause in SPA construed as a covenant to pay, not an indemnity
When will a clause be considered a covenant to pay as opposed to an indemnity?
Read moreGood faith; contractual discretion
Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)
Read moreRestrictive covenants and the tort of inducing a breach of contract
Read moreCryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement
What legal status do cryptoassets have under English law? Are smart contracts legally valid and enforceable under English law?
Read moreNo “curate’s egg” approach to terms in a subject to contract document (Court of Appeal)
Farrar v Rylatt [2019] EWCA Civ 1864
Read moreImplied duty of good faith in relational agreements
UTB v Sheffield United
Read moreImplied duty of good faith clarified (High Court)
New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm)
Read moreStobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA Civ 1376
Was notice of a tax claim under a share purchase agreement effectively given?
Read moreSummary judgment granted on basis of “no set off” clause - AMC III Purple BV v Amethyst Radiotherapy Ltd [2019] EWHC 1503 (Comm)
Will the courts give effect to “no set off" clauses and do they exclude both legal and equitable set off?
Read moreLaw Commission - Execution of documents
Following its review and consultation, what's the Law Commission's position on electronic signatures?
Read moreRectification of contracts: how to assess parties’ intention (Court of Appeal)
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 moreRacing Partnership Limited v Done Brothers
Can information that derives from a public sports event be subject to an obligation of confidentiality to the event organiser?
Read moreGaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited [2019] EWCA Civ 823
What constitutes “reasonable endeavours”?
Read moreConsultation on Distributed Ledger Technologies Cryptoassets and Smart Contracts
What is the legal status of cryptoassets and smart contracts?
Read moreFraudulent Misrepresentation and non-party losses
What are the requirements for fraudulent misrepresentation? Can a non-party supplier claim loss of profit under a terminated contract?
Read more‘Relational’ contracts and the implied duty of good faith
Which characteristics will the court consider when deciding whether a contract is “relational” and therefore subject to an implied duty of good faith?
Read moreBenefiting from the Contracts (Rights of Third Parties) Act
Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?
Read moreContractual certainty/ implied terms
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 moreCan Brexit frustrate a contract?
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 moreThe Business Contract Terms (Assignment of Receivables) Regulations 2018
How does the Business Contract Terms (Assignment of Receivables) Regulation prohibit restrictions on the assignment of receivables under commercial agreements?
Read moreService of notices
What are the requirements for valid “service” of a completion notice?
Read moreWill an entire agreement clause exclude claims for misrepresentation?
Will an entire agreement clause exclude claims for misrepresentation?
Read moreUBS v Rose Capital Ventures Limited and others
Is there a duty to act rationally and in good faith when exercising a contractual right without cause (the Braganza duty)?
Read moreGovernment announces plans to prohibit certain contractual termination clauses
Which termination clauses will likely be prohibited by any new legislation?
Read moreHow will the Court view 'letters of intent' pending final agreements being concluded?
What approach does the Court take in relation to the “letters of intent” pending final agreements being concluded?
Read moreGuarantees and Indemnities and whether liquidated damages clauses amount to unenforceable penalties?
Do liquidated damages clauses amount to unenforceable penalties? What is the difference between a guarantee and indemnity?
Read moreNon-reliance clauses under UCTA
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 moreTees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd
How much detail must be included within a notice for it to be valid?
Read moreBou-Simon v BGC Brokers LP
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 moreRelying on force majeure to terminate a contract
In which circumstances can you rely on a force majeure clause to terminate an agreement?
Read moreExclusion clauses under UCTA
Will an exclusion clause which excludes any claim for negligence stand up to the UCTA reasonableness test?
Read moreProposed legislation looks to prohibit or restrict the assignment of receivables
How might the Government’s proposed legislation regarding business contract terms prohibit or restrict the assignment of receivables under commercial agreements?
Read moreDamages – "negotiating damages" for breach of contract
In what circumstances are "negotiating" (ie Wrotham Park) damages available?
Read moreContractual interpretation – express "good faith" clauses
What approach will the courts take in relation to an express "good faith" clause?
Read moreContractual interpretation – recitals
What factors will a court consider when interpreting contractual clauses?
Read moreContractual Interpretation - no oral modification clauses
Is a no oral modification clause legally effective?
Read moreDoes the rule against penalty clauses apply to repayment obligations?
Holyoake and another v Candy and others [2017] EWHC 3397 (Ch)
Read moreContractual interpretation / implied terms
How will the Court approach interpretation of related agreements and implying terms for "business purposes"?
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