Commercial cases
Good faith / duress
When will the Court imply a duty of good faith?
Read moreAssessing damages for termination
How will the Court assess damages for termination on an express contractual right?
Read moreContractual interpretation / limitation of liability
How will the Court interpret limitation of liability clauses?
Read moreHow will a court assess damages in a claim for negligent valuation?
How will a court assess damages in a claim for negligent valuation?
Read moreHow will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?
How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?
Read moreCan TV formats be protected by copyright as artistic works?
Can TV formats be protected by copyright as artistic works?
Read moreWill a variation of the underlying agreement invalidate a guarantee?
Will a variation of the underlying agreement invalidate a guarantee?
Read moreWhat amounts to effective service of a notice
What amounts to effective service of a notice?
Read moreWhat constitutes the “ordinary and proper course of business”?
What constitutes the “ordinary and proper course of business”?
Read moreService provider liability
EU proposal provides clarity on incoming requirements for digital service providers
Read moreInterpretation of uncertain provisions – Kitcatt and others MMS v UK Holdings Ltd and others [2017] EWHC 675
How will a Court interpret a clause that is uncertain or which appears to be unworkable?
Read moreEffective assignment and notice
General Nutrition Investment Company v Holland and Barrett International Ltd and another [2017] EWHC 746 (Ch)
Read moreGB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289
When using defined terms in a contract, how careful do you need to be in their consistent application?
Read moreUnfair Contract Terms Act
African Export-Import Bank v Shebah Exploration & Production Company Ltd
Read moreExclusion clauses
Excluding liability for negligence was reasonable – Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC)
Read moreSupreme Court decision on conflicting contractual standards – MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59
How will the Court resolve conflicting contractual standards, e.g. between general obligations and specified international standards?
Read moreContractual discretion
Rationality in exercise of discretion – Watson and others v Watchfinder.co.uk Limited [2017] EWHC 1275
Read moreUnclear limitation clauses
Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC)
Read moreContract rectification is the last resort – The Council of the Borough of Milton Keynes v Viridor (Community Recycling MK) Ltd (No.2) [2017]
What is the court’s approach to rectification of a mistaken contract?
Read moreLiability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC
How do the courts interpret limitation clauses?
Read moreReasonable endeavours? – Astor management AG v Atalaya Mining plc [2017] EWHC 425 (Comm)
When is an “all reasonable endeavours” obligation unenforceable?
Read moreContractual interpretation: Supreme Court decision on contractual interpretation – Wood v Capita Insurance Services Ltd [2017] UKSC 24
What is the current approach to contractual interpretation?
Read moreUnfair Commercial Practices Directive: Case C-611/14 Canal Digital Danmark A/S
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 morePrivilege The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)
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 morePenalties Vivienne Westwood Limited v Conduit Street Development Limited [2017] EWHC 350 (Ch)
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 moreContractual interpretation Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch)
What was meant by a clause entitling either party to rescind where “all of the Conditions have not been discharged”?
Read moreSoftware licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)
What are the risks of “indirect” use of software?
Read moreImplied terms: Teekay Tankers Ltd v STX Offshore and Shipbuilding Co Ltd [2017] EWHC 253 (Comm)
Whether the court will imply essential terms to give effect to the parties’ intention to enter into a legally binding agreement.
Read moreImplied terms: Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp [2017] EWCA Civ 7
In what instances will an express contractual power be subject to an implied qualification?
Read moreConsequential loss: Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm)
What is the meaning of the phrase “consequential or special losses” in the context of a limitation of liability clause?
Read moreRemedies for breach of contract - Scottish Power UK Plc v BP Exploration Operating Company Ltd Company Ltd [2016] EWCA 1043
Can a party be limited to an exclusive contractual remedy, without the right to claim damages for breach of contract?
Read moreWarranties - Idemitsu Kosan Co Ltd v Sumitomo Co Corp [2016] EWHC 1909 (Comm)
Can warranties constitute statements of fact which are actionable as misrepresentations?
Read moreContractual interpretation - Process Components Ltd v Kason Kek Gardner Ltd 2016 EWHC 2198 Ch
Should a contract be construed in light of a common assumption between the parties?
Read moreContractual discretion - Brogden and another v Investec Bank plc [2016] EWCA Civ 1031
What are the limits on a discretion conferred by a contract?
Read moreConfidential information Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd [2016] EWHC 2448 (CH)
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 moreRestrictive covenants - Millen v Karen Millen Fashions Ltd & Anor [2016]
What is the scope of restrictive covenants given by a seller of a business?
Read moreBinding terms: Wells v Devani [2016] EWCA Civ 1106
In what circumstances will the Court imply a term to fill a gap in a contract?
Read moreBinding terms: Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm)
Does a letter signed by one party but not the other constitute an enforceable contract?
Read moreBinding terms: Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]
Can a letter of intent constitute a binding contract?
Read moreGood faith: MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789
Is a party that is entitled to terminate an agreement for breach required to exercise that right in good faith?
Read moreContractual interpretation: Starbev GP Ltd v Interbrew Central European Holdings BV [2016] EWCA Civ 449
How is “the purpose” of a particular activity determined?
Read moreConflicting terms Alexander v West Bromwich Mortgage Company Ltd [2016] EWCA Civ 498
How are conflicts or inconsistencies between terms resolved?
Read moreVariation clauses: MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553
Does a standard anti-oral variation clause prohibit oral variations?
Read moreAgency: The Software Incubator Ltd v Computer Associates UK Ltd
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 moreImplied contracts: MF Global UK Ltd (In Special Administration), Re [2016] EWCA Civ 569
In what circumstances will the Courts find that there is an implied contract between companies?
Read morePenalty clauses: Edgeworth Capital (Luxembourg) SARL and another v Ramblas Investments BV [2016] EWCA Civ 412
Is a fee that becomes payable on the default of a third party subject to the rule on penalty clauses?
Read moreAgreement by conduct: Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443
Is an unsigned agreement binding where a written offer states it is not binding until signed and one party has not signed it?
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