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Searching Content indexed under Contracts and Commercial Law by Clyde & Co LLP ordered by Published Date Descending.
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1
Commercial Dispute Resolution Newsletter - October 2018
Notwithstanding Brexit, the United Kingdom appears to remain the preferred forum for many parties in dispute
UK
19 Oct 2018
2
"No Oral Modification" Clause
The parties entered into a contract which included a clause that all variations to the contract "must be agreed, set out in writing and signed on behalf of both parties before they take effect".
UK
3 Oct 2018
3
Implied Terms And Entire Agreement Clauses
In the March 2018 case of J N Hipwell & Son v Szurek [2018] EWCA Civ 674
UK
1 Oct 2018
4
Committeri V Club Mediterranee SA: Claims Under French Code
Court of Appeal characterises nature of a claim under a French Code for the purposes of a choice of law dispute
European Union
24 Aug 2018
5
Exclusion Clauses - Interactive E-Solutions v O3b Africa
Court of Appeal re-affirms that exclusion clauses in commercial contracts do not have to be construed narrowly.
UK
2 Feb 2018
6
Sabbagh v Khoury & Ors [2017] EWCA Civ 1120
It is established practice in the Commercial Court that a good arguable case against the anchor defendant must be shown.
UK
27 Nov 2017
7
Russell & Anor v Stone (t/a PSP Consultants) & Ors [2017] EWHC 1555 (TCC)
Even if that was wrong, it is an established principle that the operative part of an agreement always takes precedence over a recital.
UK
27 Nov 2017
8
Jurisdiction - Team Y&R V Ghossoub
When construing exclusive jurisdiction clauses, there is a presumption under English law in favour of "one-stop shopping" for dispute resolution.
UK
23 Oct 2017
9
Duty To Speak - Ted Baker v AXA Insurance
Court of Appeal finds that insurer had a "duty to speak" on particular facts of case.
United States
11 Sep 2017
10
The English Courts Broaden The Scope For The Oral Variation Of Contracts
In three cases this year, the English courts have held that terms in contracts - providing that no variation shall be binding unless made in writing and signed by both parties...
UK
17 May 2017
11
The Libyan Investment Authority V Goldman Sachs International [2016] EWHC 2530 (Ch)
The High Court emphasised that for banks to be found liable there needs to be an element of serious impropriety.
UK
16 May 2017
12
Property
With Flood Re in operation for nearly a year, homeowners in flood-risk areas have been provided with some comfort.
UK
4 Apr 2017
13
Relief From Court Sanctions
Supreme Court agrees that applicants must demonstrate a "material change of circumstances" in order for relief from sanctions to be granted following a previous refusal of relief...
UK
3 Oct 2016
14
Commercial Dispute Resolution - EU News
Once the government notifies the European Council that the UK has decided to leave the EU, the two-year period for the negotiation for exit under Article 50 of the Treaty of the European Union will start.
European Union
29 Sep 2016
15
Commercial Dispute Resolution - UK News
The final report of Lord Justice Briggs' LJ's Civil Courts Structure Review was published on 27 July 2016.
UK
29 Sep 2016
16
Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC (2016)
Court of Appeal finds that a party did not have to give notice before terminating the contract for repudiatory breach.
UK
29 Sep 2016
17
JAS Financial Products LLP v ICAP Plc (2016)
High Court decides that oral discussions resulted in non-binding heads of terms, not a legally binding agreement.
UK
29 Sep 2016
18
Narandas-Girdhar And Another v Bradstock (2016)
Although the Court of Appeal emphasised in this case, that care must be taken when drawing inferences from deleted text, as deletions can be made for a range of reasons...
UK
29 Sep 2016
19
New Media Holding Company LLC v Kuznetsov (2016)
The High Court considered the contractual status of a document described as a "term sheet" and found that it was a binding contract.
UK
29 Sep 2016
20
MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2016)
Court of Appeal allows the parties to vary their agreement orally even though their agreement contained an "anti-oral variation" clause.
UK
29 Sep 2016
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