Court of Appeal allows the parties to vary their agreement
orally even though their agreement contained an "anti-oral
variation" clause
In this interesting decision by the Court of Appeal, which
places emphasis on contracting parties' freedom to agree terms,
it decided that an anti-oral variation clause did not preclude the
subsequent oral variation of the agreement. The oral
agreement was supported by consideration.
After the appellant, Rock Advertising Ltd (a marketing services
company), incurred arrears of licence fees and other charges, the
respondent, MWB Business Exchange Centres Ltd (a company managing
office space in London), exercised its right under the licence
agreement to lock Rock Advertising out of the premises and gave
notice. MWB claimed for arrears and damages. Rock Advertising
counterclaimed for loss and damage for wrongful exclusion from the
premises, claiming that an oral agreement had been made with the
respondent's credit controller to
