Contract

High Court finds there is no power to stay in favour of prior proceedings in non-EU court where there is an English non-exclusive jurisdiction agreement

The High Court has held that where there was a non-exclusive jurisdiction clause in favour of an EU member state (England), and proceedings were commenced first in a non-member state (the Isle of Man), the English court had no power … Continue reading

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TCC decision illustrates need to consider impact of contractual amendments on liquidated damages clauses

In a recent decision, the Technology and Construction Court (TCC) held that a contractor under a sub-contract (which incorporated standard LOGIC conditions) could not claim liquidated damages when a contractual milestone was not met, due to an amendment which had … Continue reading

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Drafting contracts: Key lessons from 2017

This annual┬ácontract law update from our corporate team considers a number of interesting contract law cases which have highlighted key points for those involved in drafting or managing contracts. The cases that have been chosen deal with the formation of … Continue reading

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Court of Appeal decision highlights dangers of trying to keep options open when notifying warranty claims

The Court of Appeal has upheld a High Court decision striking out claims for breach of warranty on the basis that they were not notified in accordance with the relevant mandatory contractual provisions: Teoco UK Ltd v Aircom Jersey 4 … Continue reading

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A further reminder of the need for strict compliance in notifying warranty claims

In a recent decision, the High Court found that claims for breach of warranty had not been validly notified to one of seven defendants in accordance with the contractual provisions of a sale and purchase agreement, with the result that … Continue reading

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Getting your just deserts: Remedies for breach of contract

Establishing that a counterparty is in breach of contract is only the first hurdle to obtaining proper redress. It is just as important for the innocent party to show that it has suffered a loss as a result of the … Continue reading

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Court of Appeal clarifies that “mandatory rules” do not override chosen law in contracts with an international element

In two recent decisions, the Court of Appeal has clarified that Article 3(3) of the Rome Convention does not apply to override the chosen law where there is an international element to the contract. In both cases, defendants seeking to … Continue reading

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High Court decision illustrates the need to be sure of your ground before terminating for repudiatory breach

In a recent decision, the High Court found that a claimant’s letter purporting to terminate a contract for the defendant’s repudiatory breach could not take effect as a notice of termination under the relevant contractual provisions. As the court found … Continue reading

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Court finds veto right in share option agreement was discretionary and could not be exercised capriciously, arbitrarily or unreasonably

Where a share option agreement provided that the option could be exercised only with board consent, the High Court has ordered specific performance of the agreement despite the lack of board consent. The court held that the veto was discretionary, … Continue reading

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Court of Appeal clarifies when parties are dealing on written standard terms of business so that the UCTA reasonableness test will apply

The Court of Appeal has upheld an order for summary judgment for sums due under a facility agreement which was based on a Loan Market Association (LMA) model form. It rejected the defendants' argument that (i) the parties were dealing … Continue reading

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