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. Each edition comprises:
- a PDF guide (linked below) and
- an hour-long webinar for clients and contacts of the firm (you can register to access the archived versions by contacting Webinars).
Issue 1, May 2019:
When do you have a binding contract? It may be more (or less) often than you think
Chris Bushell, Maura McIntosh and Robert Moore
Issue 2, July 2019:
What does your contract mean? How the courts interpret contracts
Gary Milner-Moore, Sarah McNally and Steven Dalton
(Note that since publication of issue 2 of this series, the Court of Appeal has clarified the test for rectifying a contractual document for common mistake, in its decision in FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd  EWCA Civ 1361, considered here.)
THIS SERIES WAS RE-LAUNCHED IN UPDATED FORM ON 21 MAY 2019. THE REMAINING EDITIONS FROM THE ORIGINAL SERIES CAN BE ACCESSED BELOW.
Issue 10, April 2018:
Dispute resolution clauses: Putting yourself in the best position
Adam Johnson QC, Alexander Oddy and Nick Peacock
Issue 9, November 2017:
Getting your just deserts: Remedies for breach of contract
Natasha Johnson, Rachel Lidgate and John Ogilvie
Issue 8, January 2017:
Terminating your contract: When can you call it quits?
Tom Leech QC, Gregg Rowan and Robert Moore
Issue 7, September 2016:
English law contracts post-Brexit: What changes should commercial parties expect?
Anna Pertoldi, Neil Blake and Alex Kay
Issue 6, June 2016:
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
James Baily, David Nitek and Gillian Fairfield
Issue 5, March 2016:
Endeavours obligations: How hard do you have to try?
James Farrell, Ann Levin and Gavin Williams
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 3, November 2015:
Pre-contractual statements: When can they come back to bite you?
Kirsten Massey, James Norris-Jones and Sarah Pollock