PilieroMazza Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases
What to Do if Your Suppliers Are in Distress - Options Beyond Contract Termination or Default
Termination for Convenience How to Prepare Your Settlement Proposal
Identifying and Quantifying Government Contract Claims
Is There Liability for Terminating Contracts Related to Russia?
Monthly Minute | Global Supply Chain Issues
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
COVID-19 Commercial Leasing Trends (Part One)
Monthly Minute | Due Diligence Considerations Related to COVID-19
AFSA Extra Credit Podcast: Auto Remote Sales Compliance
Will COVID-19 Qualify as a ‘Material Adverse Effect’?
The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses. The English High Court has cleared the way for major aviation insurance...more
Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more
HM Treasury has published a further policy statement on payment service contract termination rule changes, setting out its approach to implementation, timing and next steps. This latest policy statement follows the...more
A recent Technology & Construction Court’s judgment considers the procedural time limits that apply in procurement litigation. The question of timing in bringing a claim in procurement challenges is not straightforward,...more
The coronavirus pandemic and global economic and political uncertainties mean that more businesses than ever are tied into unprofitable contracts or are required to purchase unwanted goods and services. Alternatively, they...more
In this September quarter edition, we cover: ..Oceanfill v Nuffield Health and Cannons Group - Restructuring lease liabilities; what’s the plan for guarantors? ..Dell and another v 89 Holland Park (Management) Ltd – ...more
It is common for contracts to contain termination provisions that only allow for termination for a remediable breach if notice of the breach is given and the breaching party is allowed time to remedy it. For a party...more
For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the...more
In Gama Aviation the High Court found that a clause which prevented unilateral termination of an agreement except by written notice was not also a bar to termination of the agreement by way of informal novation. ...more
I went to an excellent talk by Michael Fealy QC to the London Solicitors Association about termination. The main thing I took away was his deceptively simple route map to approaching this thorny subject. ...more
When a termination provision states that a party can terminate an agreement where that breach is “capable of remedy” and the party in breach fails to remedy the breach within a specified timeframe, a recent High Court...more
In a long-awaited decision which overturned the Court of Appeal’s ruling in the Triple Point Technology vs PTT Public Company case, the UK Supreme Court confirmed the general law of LDs, which is that—absent clear words to...more
The latest battle between the Corbin & King Group, owner of a number of restaurants including the Wolseley, and its lender provides important clarity on when a moratorium should be terminated by its monitors....more
The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more
With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more
Whether to terminate of a complex agreement for material and/or repudiatory breach is a common and yet difficult decision to make as a business (and to advise on as a lawyer). And, given the unpredictability of the outcome,...more
The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more
The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more
The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the...more
Previously, we reported that HMRC reversed its position on early termination fees, announcing on 2 September 2020 that such fees would be subject to VAT and taking the controversial position that this change in policy would...more
The Corporate Insolvency and Governance Act 2020 received royal assent on 25 June 2020. Many of the provisions of the act are based on the bill which was initially proposed pre-COVID-19, with a framework having been set out...more
Amidst the turmoil of COVID-19, HMRC has suddenly reversed its position on early termination fees, announcing such fees are now subject to VAT. In addition, it is taking the controversial position that this change in policy...more
The recent case of PBS Energo A.S v Bester Generacion UK Ltd [2020] EWHC 223 (TCC) provides a reminder of the care parties need to take when deciding to terminate a contract. It also provides some interesting commentary on...more
On 20 May 2020, the U.K. government published the Corporate Insolvency and Governance Bill (the bill), which includes measures designed to help businesses through the COVID-19 pandemic and features important substantive...more
Report on Supply Chain Compliance 3, no. 1 (January 9, 2020) - A young girl in the United Kingdom found a note allegedly written by prisoners in a Shanghai factory that produces charity Christmas cards. The note said, “We...more