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Contract Interpretation Contract Terms UK Supreme Court

A&O Shearman

Disputes 101 - Boilerplate provisions and how not to get scalded

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In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

Hogan Lovells

UK Service Charge – Supreme Court says pay now, argue later

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The Supreme Court has handed down judgment in Sara & Hossein Asset Holdings Limited v Blacks Limited, a service charge dispute which has been going through the Courts for over 3 years....more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

BCLP on

The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

A&O Shearman

No obligation imposed by use of "shall" in commercial referral agreement

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Commercial parties often use the word “shall” to impose a contractual obligation. This Court of Appeal decision is an illustration of how the surrounding circumstances, including prior dealings, can mean that “shall” is...more

Jones Day

Construction Contracts: When Is Industry Best Practice Not Good Enough?

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The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

Bryan Cave Leighton Paisner

Canary Wharf v Deutsche Trustee Company Limited: Contractual interpretation now settled and straightforward, correct?

The English High Court has once again had to visit the principles for interpretation of contracts under English law, in Canary Wharf v Deutsche Trustee Company Limited and others. The particular issue in dispute concerned...more

Latham & Watkins LLP

Supreme Court Clarifies Test for Implied Terms

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The Supreme Court has clarified that, for a term to be implied into an agreement, it must be either necessary for business efficacy or so obvious that it goes without saying. This is a significant judgment for commercial...more

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