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ARTICLE · 16 JANUARY 2026

Clarity Is King When Waiving Your Rights

A&O Shearman
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The Court of Appeal has provided helpful guidance on the circumstances in which the English courts will uphold waivers of valuable legal rights.

United KingdomLitigation, Mediation & Arbitration
David Siesage
David Siesage
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The Court of Appeal has provided helpful guidance on the circumstances in which the English courts will uphold waivers of valuable legal rights. The key is to ensure the contractual wording is sufficiently clear – and the more valuable the right, the clearer the wording must be.

Failure to pay under bonds

A bond issuer failed to make payments when due. Following the default, Unik Bond (which had provided security for the financing) entered into certain agreements with the bondholder, Catbalogan, to prevent enforcement. Those agreements provided that Catbalogan would not demand repayment, bring a claim, or take any enforcement action during a standstill period, during which the issuer would refinance.

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