Commercial cases

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

Good faith / duress

12 April 2018

When will the Court imply a duty of good faith?

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
Snapshot

Liability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC

Published on 12 June 2017. By Oliver Bray, Senior Partner

How do the courts interpret limitation clauses?

Read more
Snapshot

Reasonable endeavours? – Astor management AG v Atalaya Mining plc [2017] EWHC 425 (Comm)

12 June 2017

When is an “all reasonable endeavours” obligation unenforceable?

Read more
Snapshot

Unfair Commercial Practices Directive: Case C-611/14 Canal Digital Danmark A/S

20 March 2017

If a trader separates the price of a product or service into a number of components, and then gives more prominence to particular components in advertising, will this amount to a misleading action or omission under the Unfair Commercial Practices Directive?

Read more
Snapshot

Privilege The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)

20 March 2017

Does legal advice privilege extend to communications between a lawyer and their client’s employees other than those employees who are authorised to seek and receive legal advice?

Read more
Snapshot

Penalties Vivienne Westwood Limited v Conduit Street Development Limited [2017] EWHC 350 (Ch)

20 March 2017

Whether the termination of a side letter that allowed a tenant to pay a reduced rent amounted to a penalty and was unenforceable as a result.

Read more
Snapshot

Contractual interpretation Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch)

20 March 2017

What was meant by a clause entitling either party to rescind where “all of the Conditions have not been discharged”?

Read more
Snapshot

Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

What are the risks of “indirect” use of software?

Read more
Snapshot

Implied terms: Teekay Tankers Ltd v STX Offshore and Shipbuilding Co Ltd [2017] EWHC 253 (Comm)

20 March 2017

Whether the court will imply essential terms to give effect to the parties’ intention to enter into a legally binding agreement.

Read more
Snapshot

Implied terms: Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp [2017] EWCA Civ 7

20 March 2017

In what instances will an express contractual power be subject to an implied qualification?

Read more
Snapshot

Consequential loss: Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm)

20 March 2017

What is the meaning of the phrase “consequential or special losses” in the context of a limitation of liability clause?

Read more
Snapshot

Remedies for breach of contract - Scottish Power UK Plc v BP Exploration Operating Company Ltd Company Ltd [2016] EWCA 1043

13 December 2016

Can a party be limited to an exclusive contractual remedy, without the right to claim damages for breach of contract?

Read more
Snapshot

Warranties - Idemitsu Kosan Co Ltd v Sumitomo Co Corp [2016] EWHC 1909 (Comm)

13 December 2016

Can warranties constitute statements of fact which are actionable as misrepresentations?

Read more
Snapshot

Contractual interpretation - Process Components Ltd v Kason Kek Gardner Ltd 2016 EWHC 2198 Ch

13 December 2016

Should a contract be construed in light of a common assumption between the parties?

Read more
Snapshot

Contractual discretion - Brogden and another v Investec Bank plc [2016] EWCA Civ 1031

13 December 2016

What are the limits on a discretion conferred by a contract?

Read more
Snapshot

Confidential information Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd [2016] EWHC 2448 (CH)

13 December 2016

Does information provided for one purpose (but not under an express NDA), and used by the recipient for its own purposes enable the discloser to bring a claim for breach of confidence?

Read more
Snapshot

Restrictive covenants - Millen v Karen Millen Fashions Ltd & Anor [2016]

13 December 2016

What is the scope of restrictive covenants given by a seller of a business?

Read more
Snapshot

Binding terms: Wells v Devani [2016] EWCA Civ 1106

13 December 2016

In what circumstances will the Court imply a term to fill a gap in a contract?

Read more
Snapshot

Binding terms: Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm)

13 December 2016

Does a letter signed by one party but not the other constitute an enforceable contract?

Read more
Snapshot

Binding terms: Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]

13 December 2016

Can a letter of intent constitute a binding contract?

Read more
Snapshot

Good faith: MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789

03 October 2016

Is a party that is entitled to terminate an agreement for breach required to exercise that right in good faith?

Read more
Snapshot

Contractual interpretation: Starbev GP Ltd v Interbrew Central European Holdings BV [2016] EWCA Civ 449

Published on 03 October 2016. By Oliver Bray, Senior Partner

How is “the purpose” of a particular activity determined?

Read more
Snapshot

Conflicting terms Alexander v West Bromwich Mortgage Company Ltd [2016] EWCA Civ 498

03 October 2016

How are conflicts or inconsistencies between terms resolved?

Read more
Snapshot

Variation clauses: MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553

03 October 2016

Does a standard anti-oral variation clause prohibit oral variations?

Read more
Snapshot

Agency: The Software Incubator Ltd v Computer Associates UK Ltd

Published on 03 October 2016. By Oliver Bray, Senior Partner

Does software amount to goods such that the Commercial Agency Regulations 1993 (the Regulations) are engaged? Note that the Regulations define a commercial agent by reference to the sale of goods, not services.

Read more
Snapshot

Implied contracts: MF Global UK Ltd (In Special Administration), Re [2016] EWCA Civ 569

Published on 03 October 2016. By Oliver Bray, Senior Partner

In what circumstances will the Courts find that there is an implied contract between companies?

Read more
Snapshot

Penalty clauses: Edgeworth Capital (Luxembourg) SARL and another v Ramblas Investments BV [2016] EWCA Civ 412

Published on 03 October 2016. By Oliver Bray, Senior Partner

Is a fee that becomes payable on the default of a third party subject to the rule on penalty clauses?

Read more
Snapshot

Agreement by conduct: Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443

Published on 03 October 2016. By Oliver Bray, Senior Partner

Is an unsigned agreement binding where a written offer states it is not binding until signed and one party has not signed it?

Read more
General Content

Read more
General Content

Read more
General Content

Read more