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Court of Appeal considers implied variation and good faith in relation to contractual rights of termination
The Court of Appeal has upheld a decision granting summary judgment to a defendant in relation to an allegation that it had wrongfully terminated a …
Court of Appeal decision casts doubt on principles requiring narrow interpretation of exclusion clauses
The Court of Appeal has found that an exclusion clause in an engineering services contract was effective to exclude any liability on the part of the …
High Court finds obligation to use "all reasonable endeavours" to reach agreement with third party was enforceable
The High Court has upheld a contractual provision requiring a party to use "all reasonable endeavours" to obtain a senior debt facility agreement, …
Article published - Contractual interpretation: continuity rather than change?
The past few years have provided an abundance of case law on contractual interpretation, including cases at the highest levels. These have sometimes …
High Court finds option agreement void for uncertainty where it left delivery dates to be agreed
The High Court has found that an option agreement for the purchase of oil tankers was void for uncertainty where it provided that the delivery date for …
Supreme Court on contractual interpretation: striking a balance between the language used and the commercial implications
In a judgment handed down yesterday (29 March), the Supreme Court has unanimously dismissed an appeal relating to the construction of an …
High Court finds clause allowing landlord to terminate side letter and insist on payment of higher rent in lease falls foul of rule on penalties
In a recent decision, the High Court has held that a clause in a side letter, which allowed a landlord to terminate the side letter and insist …
Commercial Court finds "torpedo" action ineffective where parties agreed asymmetric jurisdiction clause
The Commercial Court has held that an asymmetric jurisdiction clause is an exclusive jurisdiction clause for the purposes of the recast Brussels …
Court of Appeal confirms subsequent communications can be relevant to determining whether a contract has been concluded
The Court of Appeal has held that the High Court was wrong to find that a contract had arguably been concluded during a telephone call following a …
Court of Appeal considers meaning of requirement to notify insurers "as soon as possible" after event likely to give rise to a claim
The Court of Appeal has confirmed that an insurer could not rely on a condition precedent relating to notification to avoid liability under a public …
Terminating your contract: When can you call it quits?
Parties to commercial contracts may wish to exit their contractual arrangements for all sorts of reasons. In many cases, they will have included in their …
Turkish Court of Appeal takes restrictive view of English jurisdiction clause
A decision of the Turkish Court of Appeal has important implications for parties to agreements with a Turkish element (such as a Turkish …
Showing 240 out of 364 results
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