Welcome to the home page for our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial contracts under English law. This page will be updated with future editions as they are published.
Each edition comprises:
- a PDF guide (linked below);
- an hour-long webinar for clients and contacts of the firm (you can register to access the archived versions by contacting Jane Webber); and
- a short podcast focusing on practical tips (linked below).
Issue 1, June 2015:
When do you have a binding contract? It may be more (or less) often than you think
Tim Parkes, Chris Bushell and Robert Moore
Issue 2, September 2015:
What does your contract mean? How the courts interpret contracts
Gary Milner-Moore, Natasha Johnson and Steven Dalton
(Note: Since this guide was published, the Supreme Court has clarified the law on implication of contractual terms, in a landlord/tenant dispute involving Marks and Spencer. See our post on the decision: Supreme Court clarifies test for implying terms into a contract.)
Issue 3, November 2015:
Pre-contractual statements: When can they come back to bite you?
Kirsten Massey, James Norris-Jones and Sarah Pollock
Issue 4, February 2016:
How far can you act in your own self-interest? The role of good faith in commercial contracts
Chris Parker, Gregg Rowan and Nick Pantlin
(Note: Since this guide was published, the Court of Appeal has departed from the High Court's reasoning in MSC Mediterranean v Cottonex, referred to in section 9 of the guide. See our post on the decision: Court of Appeal finds innocent party could not affirm contract following repudiatory breach where defaulting party unable (not just unwilling) to perform.)
Issue 5, March 2016:
Endeavours obligations: How hard do you have to try?
James Farrell, Ann Levin and Gavin Williams
Issue 6, June 2016:
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
James Baily, David Nitek and Gillian Fairfield
Issue 7, September 2016:
English law contracts post-Brexit: What changes should commercial parties expect?
Anna Pertoldi, Neil Blake and Alex Kay
Issue 8, January 2017:
Terminating your contract: When can you call it quits?
Tom Leech QC, Gregg Rowan and Robert Moore