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Condition Precedent United Kingdom

BCLP

JCT 2024 Contracts - Good Faith in Practice

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Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more

Orrick, Herrington & Sutcliffe LLP

Tiered Dispute Resolution Clauses: Navigating Pitfalls in the U.S. and UK

Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A poorly worded clause can...more

Mayer Brown

Conditions precedent: own wrongdoing cannot be used to escape debt

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Summary - In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, handed down last month, the English Court of Appeal considered the principle in Mackay v Dick & Stevenson....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Takeover Panel Proposes Significant Changes to the Offer Timetable and the Treatment of Conditions

On 27 October 2020, the UK Takeover Panel (the Panel) published Public Consultation Paper 2020/1 (the PCP), which proposes significant changes to the UK Takeover Code (the Code) with regard to the offer timetable and the...more

White & Case LLP

Advance payment guarantees: three unsuccessful attempts to prevent encashment

White & Case LLP on

Advance payment guarantees are commonly used in the construction industry. However, successful challenges to a demand made under an advance payment guarantee appear to be less common. This article looks at three recent cases...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Investigations Under the Brexit Withdrawal Agreement

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

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