Tag Archives: Interpretation

SANCTIONS CLAUSES IN A CHANGING SANCTIONS REGIME

How far can a sanctions clause protect a party from having to perform their contractual obligations – and in the case of Iran-related sanctions concerns, how does this interact with the Blocking Regulation? In┬áMamancochet Mining Limited v Aegis Managing Agency … Continue reading

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Filed under Announcements, Corporate Crime, Iran, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, US

UK: Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation

The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further guidance on the use of business/commercial common sense as an aid to contractual construction. In reversing the … Continue reading

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Filed under Banking, Commercial Litigation, Insurance, UK

FSA limits requirement for one month’s notice of capital issues

New rules requiring insurers, banks and other BIPRU firms to tell the FSA about proposed issues of shares or other capital instruments demonstrate the importance of participating in FSA consultations.

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Filed under FSA Consultations, JURISDICTIONS, Sector Updates by Herbert Smith Freehills, UK