The Court of Appeal has granted an award for unjust enrichment where a claimant was contractually entitled to receive an introduction fee if a property was sold for a specified price and the property had been sold for less than that price: Philip Barton v Timothy Gwyn-Jones [2019] EWCA Civ 1999. The court rejected the … Read more

In a recent decision, the High Court has upheld a claim for breach of collateral warranty where the claimant was induced to arrange the purchase of the defendant’s laser hair removal devices for use in its business as a result of the defendant’s statements about the quality and anticipated performance of the devices. The claimant … Read more

The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But it is becoming increasingly common for parties to agree terms requiring them to act in “good faith”, or similar. Even where no such term is expressed … Read more

The High Court has rejected a company’s claim for commission for the introduction of a sports sponsorship opportunity on the basis that there was no binding contract between the parties. However, the company’s claim for unjust enrichment in respect of services provided in facilitating the sponsorship deal was allowed: AMP Advisory & Management Partners AG … Read more

Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt, be both carefully considered and accurate. But as we all know, things can go wrong. Where a pre-contractual statement turns out to be false, the implications can be serious. The counterparty may have a right to unwind the … Read more

The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, services) into a standard form contract for the provision of dental services, so that an earlier contract for the provision of the IMOS services was superseded. That meant that the agreement for … Read more

The Court of Appeal has upheld a decision granting rectification of two deeds on the basis that they did not reflect the parties’ subjective common intention: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361. This is an important judgment which establishes, at Court of Appeal level, the test for rectifying … Read more

All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in the circumstances that have come about. If the parties cannot resolve the issue, the court may be called on to interpret the contract. Where … Read more