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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more
The High Court has granted summary judgment on the basis that a claim for breach of various general contractual obligations were subject to an effective exclusion clause. The clause was also not subject to the...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach. Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
Can a breach of one contract give rise to liability for lost profit on a related contract? Or is the loss too "remote"? A Privy Council decision from Monday of this week addressed this issue in the context of a design, build,...more
The English High Court in UK Acorn Finance Limited v Markel (UK) Limited ruled that a contractual clause requiring something to be established “to [the Defendant’s] satisfaction” required the Defendant to act “rationally” in...more
It is clear that English law permits a party to avoid a contract on the grounds of economic duress but there is some uncertainty as to the circumstance in which a contract may be avoided for economic duress. Requiring...more
In This Issue – Economic duress: will English law assist a party who enters into a contract as a result of a lawful threat of causing economic harm? A Bird on the Ground is Worth One in the Sky: Lessons from ALC v. Far...more
A letter of instruction (LoI) between a bank and its client, which envisaged a segregated bank account for the receipt and protection of third party payments, conferred rights on the third parties under the Contracts (Rights...more
Our April update covers recent developments in employment law, including cases on lawful grounds for suspending employees, communicating with women on maternity leave and a novel case on the limits of lawful positive...more
Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more
The Court of Appeal of England & Wales considered, in respect of a delayed software project, whether a liquidated damages provision survived termination of the contract....more
It's no secret – government planning to regulate NDAs - The government has published a consultation paper containing proposals to limit the use of NDAs in relation to workplace harassment or discrimination claims....more
This ruling on the tort of inducing a breach of contract illustrates how industry knowledge can help fix a party with the requisite knowledge of the existence and terms of a contract, breach of which it is alleged to have...more
The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more
A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more
Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more
The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission (the “Tribunal”) against RBRG Trading (UK) Limited in favor of Sinocore...more
The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more
Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more
Anthony McGill v The Sports and Entertainment Media Group & ors [2016] EWCA Civ 1063, 4 November 2016 - The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival...more
In Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 the Court of Appeal ruled that a binding contract can be made by the parties' conduct even when a written 'Deal Memo' stated that it was not...more
Anti-oral variation clauses do not prohibit oral variation. The Court of Appeal in Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd (“Globe Motors”) recently provided much overdue clarification on the...more