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Supreme Court endorses commercial common sense as an aid to construction
On Wednesday 2 November the Supreme Court handed down a judgment with significant implications for how commercial contracts are construed: Rainy Sky SA …
Proposed optional Common European Sales Law
On 11 October the European Commission published its proposed Regulation on a Common European Sales Law (download pdf here), aimed at …
Article published on endeavours and good faith
Commercial contracts commonly require one or both parties to use "reasonable", "all reasonable" or "best" endeavours to achieve some goal, …
Exclusion clauses and deliberate repudiatory breach: NETTV reconsidered
In the recent case of AstraZeneca UK Limited v Albermarle International Corporation and another [2011] EWHC 1574 (Comm), the High Court has criticised …
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 …
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