All blog posts
Showing 12 out of 15 results
No property right in the contents of an e-mail
A commercial deal has gone wrong. Not only has this caused contractual issues but regulatory authorities are now investigating. Crucial …
Court of Appeal confirms modern approach to contractual construction
In a recent decision, the Court of Appeal has found that a clause allocating responsibility for third party claims applied to claims based on intentional …
Government response to proposal for a Common European Sales Law
The Government Response to the European Commission's proposal for a Common European Sales Law ("CESL"), which was published on Tuesday (13 …
Unilateral jurisdiction clauses may not always be effective
It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will …
Supreme Court hearing on jurisdiction issues in VTB Capital
Starting today, the Supreme Court will hear an appeal against the Court of Appeal's judgment in VTB Capital plc v Nutritek International …
Webinar alert - Remedies for breach of contract and limitation and exclusion clauses
On Thursday 15 November (12:45 to 1:45 UK time) Nicholas Peacock and Julie Farley will present a live audio webinar …
Commercial Court upholds "no set-off" clause
In a recent decision, the Commercial Court granted summary judgment on a seller's claim for approximately US$12 million as the price due under a …
Endeavours obligations in long term contracts: article published
The Court of Appeal decision in Jet2.com Limited v Blackpool Airport Limited [2012] EWCA Civ 417 illustrates the particular complications that …
Herbert Smith publishes briefing on Eurozone crisis
On Wednesday 30 May 2012, Herbert Smith hosted a webinar focussing on some of the legal implications of the escalating Eurozone crisis, including the …
The status of express obligations to negotiate in good faith
In two recent decisions, the courts have considered the enforceability of express contractual terms requiring a party to negotiate in good faith and, in …
Court of Appeal decision on best endeavours clause
By a majority, the Court of Appeal has held that an airport operator's obligation to use best endeavours to promote an airline's low-cost services gave …
MoJ's "Call for Evidence" re proposed Common European Sales Law
The Ministry of Justice has published a Call for Evidence in relation to the European Commission's proposals for a Common European Sales Law (see …
Showing 12 out of 15 results
View more
