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Further developments on European contract law reform
On 16 February we reported on the European Commission's Green Paper on policy options for progress towards a European Contract Law, which set out a …
Important lessons for settlement deeds
A recent High Court decision highlights important issues for the execution of settlement deeds and provides a useful restatement of the extent of the …
European contract law reform consultation closes: where next?
In July last year the European Commission published a Green Paper on policy options for progress towards a European Contract Law, which argued that the …
Endeavouring to understand endeavours obligations
"Reasonable endeavours", "best endeavours" and "all reasonable endeavours" undertakings are commonly found in all types of commercial contracts and are …
The limit of contractual damages addressed by the Commercial Court
The recent case of Sylvia Shipping Co Limited v Progress Bulk Carriers Limited [2010] EWHC 542 (Comm) provided the High Court with an opportunity to …
Supreme Court rules that contract exists despite "subject to contract" provision
A case involving the impact of a counterparts clause in a draft agreement has gone all the way to the Supreme Court, which ruled on 10 March that a …
Herbert Smith secures victory for BSkyB in landmark litigation against EDS
Herbert Smith's dispute resolution team has secured a major victory for BSkyB against IT supplier EDS (now part of Hewlett-Packard) in a claim for …
Penalty clauses - recent cases
It is often difficult for contract drafters to know whether a term which provides for financial consequences of a certain event will be construed as a …
Enforceability of exclusion clauses – Court of Appeal decision
In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: …
Contractual damages
The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
'Reasonable endeavours' undertaking - Commercial Court clarification
"Reasonable endeavours" and “best endeavours” undertakings are very commonly found in contracts of almost every description, and whether a party may be …
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