All blog posts
Showing 12 out of 28 results
High Court decision illustrates danger of using "all" in a negative clause
In a recent decision, the High Court had to consider the proper construction of a term which entitled the parties to rescind "if all of the Conditions …
Commercial Court considers interpretation of clause excluding consequential or special losses
The Commercial Court has considered the proper construction of the phrase "consequential or special losses, damages or expenses" in a ship-building …
Court of Appeal refuses to imply term where contract incomplete
The Court of Appeal has held, by a majority, that no binding agreement was reached between the seller of several flats and an estate agent, as the …
Court of Appeal allows claim for "loss of a chance" damages where claimant failed to establish causation on a balance of probabilities
In a claim for inducing a breach of contract, the Court of Appeal held that a football agent could claim damages for the lost chance of earning …
Court of Appeal decision illustrates high hurdle for establishing contract has been frustrated
A recent Court of Appeal decision acts as a reminder that the court will not lightly conclude that a contract has been frustrated, particularly …
Court of Appeal finds party confined to contractual remedy for breach of contract
The Court of Appeal has upheld a decision that a buyer under a long term gas sale agreement was confined to the contractual remedy of "Default Gas" and …
English law contracts post-Brexit: What changes should commercial parties expect?
The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key …
No implied obligation of good faith in exercising contractual right of termination
The High Court has again considered the circumstances in which a duty of good faith will be implied into a contract, rejecting an argument that a party's …
Court of Appeal finds innocent party could not affirm contract following repudiatory breach where defaulting party unable (not just unwilling) to perform
The Court of Appeal has upheld a decision that a party was not entitled to keep a contract alive for the purpose of claiming ongoing liquidated damages …
Supreme Court decision highlights importance of contract terms in protecting principal from agent's insolvency
The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: …
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 …
Showing 12 out of 28 results
View moreKey contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London