All blog posts
Showing 9 out of 9 results
High Court implies duty of good faith into "relational" contract
In a recent case, the High Court has implied a duty of good faith into a long-term agreement between two commercial parties: Bristol Groundschool Limited …
Article published considering rights and remedies for breach of pre-emption clause
Pre-emption clauses, as commonly found in shareholder, investment and joint venture agreements, are designed to prevent a shareholder selling his shares …
High Court finds agreement to engage in time limited "friendly discussions" is enforceable
The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by friendly discussions constituted an …
Court of Appeal finds deliberate non-payment did not justify termination
In a recent decision, the Court of Appeal held that the deliberate withholding of payments due under a contract, in circumstances where the counterparty …
Two upcoming webinars: updates on jurisdiction and commercial contracts
Next week we will be delivering two update webinars for Herbert Smith Freehills clients and contacts, covering developments in jurisdiction and …
Commercial Court considers when contracting party may have duty to make disagreement known
The Commercial Court has recently considered when a party may have a duty to correct a mistake or assumption by its counterparty under the principle of …
Contrasting first instance decisions on meaning of contractual requirement for "service" of claim
In a recent decision, the High Court has held that a contractual requirement to "serve" a claim within a particular period meant formal service under the …
Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract
The Court of Appeal has held that an interim injunction should be granted to prevent the defendant's alleged breach, on the basis that damages would be …
Court of Appeal confirms party that has renounced contract cannot rely on own unwillingness to perform to reduce damages payable
The Court of Appeal has confirmed that where a party to a contract has renounced its obligations, damages are to be assessed on the assumption that it …
Showing 9 out of 9 results