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Court of Appeal reins in role of "commercial common sense" in contractual interpretation
In a recent decision, the Court of Appeal has re-emphasised the importance of the contractual wording when construing commercial contracts: BMA Special …
Court of Appeal found agreement to pay instalments excluded right of set-off
The Court of Appeal has held that a settlement agreement, in which the defendant acknowledged that a debt was payable in full and agreed the mechanics …
Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty
The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to be …
High Court implies duty of good faith into distributorship agreement
In a recent decision, the High Court has implied a duty of good faith into a Distribution Agreement: Yam Seng Pte Ltd v International Trade Corp Ltd …
Court of Appeal construes exclusion clause narrowly to prevent party being left without remedy
The Court of Appeal has recently held that an exclusion clause should not be construed as excluding liability for lost profits where this would have left …
Court of Appeal considers limits of recoverable loss in contract
The Court of Appeal has considered the correct approach to determining when a type of loss caused by a breach of contract should nonetheless be regarded …
Supreme Court refuses to pierce corporate veil in VTB Capital Plc's jurisdiction appeal
The Supreme Court has today unanimously refused to pierce the corporate veil in order to treat an alleged fraudster as a party to a contract entered into …
No property right in the contents of an e-mail
A commercial deal has gone wrong. Not only has this caused contractual issues but regulatory authorities are now investigating. Crucial …
Court of Appeal confirms modern approach to contractual construction
In a recent decision, the Court of Appeal has found that a clause allocating responsibility for third party claims applied to claims based on intentional …
Government response to proposal for a Common European Sales Law
The Government Response to the European Commission's proposal for a Common European Sales Law ("CESL"), which was published on Tuesday (13 …
Unilateral jurisdiction clauses may not always be effective
It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will …
Supreme Court hearing on jurisdiction issues in VTB Capital
Starting today, the Supreme Court will hear an appeal against the Court of Appeal's judgment in VTB Capital plc v Nutritek International …
Showing 336 out of 364 results
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Alan Watts
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