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Contract Drafting Contract Disputes United Kingdom

Mayer Brown

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

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The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

A&O Shearman

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

BCLP

Drafters beware! Court of Appeal on the significance of express terms

BCLP on

Every so often the Court will reaffirm the primacy of express terms while re-stating the rule that implied terms can only be relied on to the extent they are (i) so obvious as to go without saying, or (ii) necessary to give...more

A&O Shearman

Sign your engagement letter. It’s not up for negotiation

A&O Shearman on

The High Court has provided a stark reminder of the risks that arise if parties, despite extensive negotiations, fail to sign their agreements, in this case an engagement letter....more

BCLP

Key trends in contractual negotiations

BCLP on

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

A&O Shearman

Bacardi guaranteed or indemnified to breeze through contractual interpretation

A&O Shearman on

Once again the court looks at the vexed question of the distinction between a guarantee and an indemnity....more

Latham & Watkins LLP

English Court of Appeal Confirms Proper Test for Common Mistake Rectification

Latham & Watkins LLP on

Objective test applies if a prior concluded contract exists, but subjective test applies if there is a continuing common intention. In the recent case of FSHC Group Holdings Limited v. GLAS Trust Corporation Ltd [2019]...more

A&O Shearman

Contract formed before more detailed terms agreed

A&O Shearman on

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC), 25 October 2016 - This case highlights the risks where a simple contract is found to have been formed before more detailed terms are agreed. The court...more

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