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Showing 264 out of 364 results
Commercial Court finds commitment letter unsigned by one party to be legally binding
The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm), serves as a …
Court of Appeal decision on inconsistency clauses in context of lenders' reliance on contradictory mortgage conditions
A recent Court of Appeal decision provides a useful reminder of the courts' approach to resolving inconsistency in cases where there is an …
Court of Appeal confirms that contracts which expressly prohibit oral amendments may nevertheless be amended orally
The Court of Appeal has overturned a decision of the Central London County Court as to the effect of a clause requiring amendments to be in writing, …
Commercial Court decision suggests "torpedo" actions may not be effective where parties have agreed unilateral jurisdiction clause
The recast Brussels Regulation, which applies to proceedings commenced since 10 January 2015, contains various improvements over the previous version. …
Article published: Material adverse change clauses - staging a return
Material adverse change (MAC) clauses aim to give buyers a right to withdraw from M&A deals on the occurrence of certain events that are …
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed …
UCTA reasonableness test may apply even where contract is only partly on standard terms
The High Court has found that the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 (UCTA) can apply in circumstances where a …
Court of Appeal finds parties bound by unsigned agreement despite express term requiring execution by both parties
The Court of Appeal has upheld a decision of the Commercial Court which found that a party had accepted the terms of an agreement by its conduct, even …
A reminder of the need to comply carefully with contractual requirements in notifying warranty claims
In a recent decision, the High Court struck out claims for breach of warranty on the basis that they were not notified in accordance with the relevant …
Court of Appeal expresses view that contract requiring amendments to be in writing may nevertheless be amended informally
The Court of Appeal has overturned the High Court's interpretation of an exclusive Supply Agreement, finding that the judge's interpretation was not …
Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain
The Court of Appeal has upheld a decision of the Commercial Court refusing a stay of English proceedings where the contracts contained a non-exclusive …
Contractual requirement to give notice calling for breach to be remedied did not apply to termination for repudiatory breach
The High Court has found that a notice requirement within a contractual termination clause did not apply where a party terminated at common law following …
Showing 264 out of 364 results
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