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Supreme Court clarifies test for implying terms into a contract
In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not …
Article published on the new rule on penalties under English law
Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye …
Pre-contractual statements: When can they come back to bite you?
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements …
Supreme Court rewrites English law rule on penalties
In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the …
Contractual time bar did not prevent third party contribution claims
The High Court has held that a contractor could be joined to proceedings as a third party (or Part 20 defendant) so that the main defendants could pursue …
High Court finds no continuing contractual duty to correct investment advice
A recent decision of the High Court provides comfort to financial institutions and other professionals facing claims based on an alleged continuing …
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …
Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation
The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd [2015] EWCA Civ 839 gives further guidance on the …
High Court finds multi-party LLP agreements cannot be terminated for repudiatory breach
In a case that will be of interest to those in the fund management industry and all other areas of business in which corporate structures regularly …
Court of Appeal considers incorporation of terms from framework agreements
Framework agreements are commonly used to facilitate similar transactions on consistent terms. In a recent decision, the Court of Appeal considered the …
Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach …
Court of Appeal clarifies approach to ordering rescission for misrepresentation
Where a party has entered into a contract as a result of a misrepresentation, the question often arises as to whether it can unwind, or "rescind", the …
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