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A further reminder of the need for strict compliance in notifying warranty claims
In a recent decision, the High Court found that claims for breach of warranty had not been validly notified to one of seven defendants in accordance with …
Getting your just deserts: Remedies for breach of contract
Establishing that a counterparty is in breach of contract is only the first hurdle to obtaining proper redress. It is just as important for the innocent …
Court of Appeal clarifies that "mandatory rules" do not override chosen law in contracts with an international element
In two recent decisions, the Court of Appeal has clarified that Article 3(3) of the Rome Convention does not apply to override the chosen law where there …
High Court decision illustrates the need to be sure of your ground before terminating for repudiatory breach
In a recent decision, the High Court found that a claimant's letter purporting to terminate a contract for the defendant's repudiatory breach could not …
Court finds veto right in share option agreement was discretionary and could not be exercised capriciously, arbitrarily or unreasonably
Where a share option agreement provided that the option could be exercised only with board consent, the High Court has ordered specific performance of …
Court of Appeal clarifies when parties are dealing on written standard terms of business so that the UCTA reasonableness test will apply
The Court of Appeal has upheld an order for summary judgment for sums due under a facility agreement which was based on a Loan Market Association (LMA) …
Supreme Court clarifies principles for determining when benefits enjoyed by a claimant following a breach of contract will be treated as collateral
The Supreme Court has ruled that the owners of a ship that was redelivered early in breach of a charterparty did not have to give credit for the benefit …
High Court decision underlines importance of knowing who you are contracting with
The High Court has recently found that a group of waste removal companies which provided services to a company that went into liquidation shortly …
Court of Appeal considers implied variation and good faith in relation to contractual rights of termination
The Court of Appeal has upheld a decision granting summary judgment to a defendant in relation to an allegation that it had wrongfully terminated a …
Court of Appeal decision casts doubt on principles requiring narrow interpretation of exclusion clauses
The Court of Appeal has found that an exclusion clause in an engineering services contract was effective to exclude any liability on the part of the …
High Court finds obligation to use "all reasonable endeavours" to reach agreement with third party was enforceable
The High Court has upheld a contractual provision requiring a party to use "all reasonable endeavours" to obtain a senior debt facility agreement, …
Article published - Contractual interpretation: continuity rather than change?
The past few years have provided an abundance of case law on contractual interpretation, including cases at the highest levels. These have sometimes …
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