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  • Article

    STOP PRESS - OW Bunker - Supreme Court Ruling

    The Supreme Court has unanimously dismissed the appeal and has upheld the decision of the Court of Appeal that a bunker supply contract between OW Bunker and Owners was not covered by the Sale of Goods Act 1979.
    United KingdomTransport
    Clyde & Co
    Clyde & Co
  • Article

    Dealing With Individual Consumers - Are You Ready For The New Rules?

    From 13 June 2014, all consumer contracts need to comply with new rules on sales of goods, services or digital content.
    United KingdomCorporate/Commercial Law
    Withers LLP
    Withers LLP
Article

Excluding A Contract Condition Is A Precise Art

The recent case of KG Bominflot Bunkergesellschaft fur Mineralole mbH & Co Kg v Petroplus Marketing AG [2009] EWHC 1088 (Comm) has addressed the exclusion of implied conditions in a commercial contract. The case highlights that for an implied term to be excluded it must be properly defined.
United KingdomCorporate/Commercial Law
Speechly Bircham LLP
Speechly Bircham LLP
  • Article

    Fluctuations Provisions: Get It Right Or Risk Adjudicators Getting It Wrong

    This adjudication enforcement case illustrates the importance of clarity and ease-of-use when using inflation clauses in your contract.
    United KingdomCorporate/Commercial Law
    Wedlake Bell LLP
    Wedlake Bell LLP
  • Article

    Former Administrators Have Standing To Apply For Additional Remuneration But Application Dismissed (Frost And Another v The Good Box Co Labs Limited And Others)

    Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding...
    United KingdomCorporate/Commercial Law
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Guarantee Not In Effect Until All Guarantors Sign

    Harvey and three other individuals entered into a guarantee with Dunbar to secure the liabilities of a company to which Dunbar was loaning money in relation to a property finance project.
    United KingdomCorporate/Commercial Law
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    Part 36 Offer Not A Genuine Attempt To Settle The Proceedings As A Whole (Matiere SAS (A Company Incorporated Under The Laws Of France) V ABM Precast Solutions Ltd)

    Dispute Resolution analysis: The High Court has adopted a flexible approach to the award of enhanced cost consequences in respect of a beaten Part 36 offer which represented...
    United KingdomCorporate/Commercial Law
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Unfair Terms & Exclusion Clauses: The Limits Of Reasonableness

    The English Court of Appeal has recently reversed the High Court decision in “Regus (UK) Ltd -v- Epcot Solutions Ltd”, and in doing so has given welcome comfort to service providers who undertake services on standard terms, and their liability insurers.
    United KingdomCorporate/Commercial Law
    HFW
    HFW
  • Article

    Whose Loss Is It Anyway?

    Mr K had two terms loans and one revolving credit agreement with RBS.
    United KingdomFinance and Banking
    Anderson Strathern LLP
    Anderson Strathern LLP
  • Article

    M&C In The News: Shein Loses UK Copyright Battle Against Temu

    The dispute between Shein and Temu has escalated into one of the most significant intellectual property battles in modern retail, with a recent UK High Court judgment providing crucial clarity on marketplace operator liability and hosting defences.
    United KingdomIntellectual Property
    Marks & Clerk
    Marks & Clerk
  • Article

    Battle of the Forms Dispute Results in Neither Party’s Terms Applying – GHSP v AB Electronic, High Court

    This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements, etc.
    United KingdomLitigation, Mediation & Arbitration
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Chain of Causation: New Intervening Acts Revisited

    A recent High Court decision revisits the factors to be considered in deciding whether the chain of causation between breach and damage has been broken, and comments briefly on failure to mitigate losses and remoteness of damage in the context of industrial contamination.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Legal Developments In Construction Law - December 2019

    Adjudications: is there a dispute if the payer says it needs more details of the claim?
    United KingdomReal Estate and Construction
    Mayer Brown
    Mayer Brown
  • Article

    Statutory Right To Adjudicate – Where Does England End?

    The statutory right to refer construction disputes to adjudication is contingent upon there being a "construction contract" for "construction operations", as defined in the Construction Act.
    United KingdomReal Estate and Construction
    Thomson Snell & Passmore
    Thomson Snell & Passmore
  • Article

    Retail Closer Than Ever To Competition Authorities' Hearts

    Investigations of this type look for outright price-fixing, resale price maintenance and restrictions on sales.
    European UnionAntitrust/Competition Law
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Harmonising Offline And Online Consumer Rights In Europe

    On 2 November 2017 the European Commission published an amended proposal for a Directive concerning contracts for the sale of goods.
    European UnionConsumer Protection
    Fieldfisher
    Fieldfisher
  • Video

    Contract Performance In Difficult Times: An International Perspective (Video)

    In times of uncertainty, businesses need fully to understand contractual rights and obligations. Whether you wish to temporarily waive performance, re-negotiate contract provisions or enforce existing contractual rights, ...
    GlobalCoronavirus (COVID-19)
    Gowling WLG
    Gowling WLG
  • Article

    Remarks1st Quarter 2017

    The 1st Quarter edition of our ReMarks newsletter is out, including...
    GlobalIntellectual Property
    Marks & Clerk
    Marks & Clerk
  • Article

    Court Of Appeal Overturns CAT Ruling In Selective Distribution Case

    The Court of Appeal has recently issued its ruling in Deckers UK Limited v Up & Running (UK) Limited [2026] EWCA Civ 553. It overturned a judgment of the Competition Appeal Tribunal that had found that Deckers's...
    United KingdomAntitrust/Competition Law
    Lewis Silkin
    Lewis Silkin
  • Article

    FIFA And Selling Online

    Would an agreement amongst FIFA sponsors to terminate their sponsorship agreements be caught by the EU's antitrust rules and potentially be an unlawful collective boycott?
    United KingdomAntitrust/Competition Law
    Fieldfisher
    Fieldfisher
  • Showing 441–460 of 4188 results

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