Commercial cases

Thinking - Snapshot

Restrictive covenants: restraint of trade and bespoke contracts

Published on 02 November 2020. By David Cran, Partner, Head of Disputes

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)

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Thinking - Snapshot

Contractual interpretation rectification not possible purely for a tax benefit

Published on 02 November 2020. By David Cran, Partner, Head of Disputes

MV Promotions Ltd and another v Telegraph Media Group Ltd and another [2020] EWHC 1357 (Ch)

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Thinking - Snapshot

Good faith: relational contracts and the implied duty of good faith

Published on 02 November 2020. By David Cran, Partner, Head of Disputes

Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)

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Thinking - Snapshot

Contractual interpretation: the dangers of inconsistency between formulae and worked examples

Published on 02 November 2020. By David Cran, Partner, Head of Disputes

Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)

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Thinking - Snapshot

Force majeure and circumstances beyond reasonable control

07 August 2020

2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)

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Thinking - Snapshot

Contractual discretion; implication of Braganza duty

07 August 2020

UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)

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Thinking - Snapshot

Contractual estoppel; contractual representations

07 August 2020

Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)

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Thinking - Snapshot

Contractual interpretation; limitation period for notifying claims

07 August 2020

Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)

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Thinking - Snapshot

Contractual interpretation; rectification

07 August 2020

Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)

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Thinking - Snapshot

Ministerial statement in response to Law Commission report on electronic execution of documents

02 June 2020

How has the government responded to the Law Commission report on electronic execution of documents?

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Thinking - Snapshot

Legal advice privilege: dominant purpose

02 June 2020

Court of Appeal (Civil Aviation Authority v R Jet2. Com Ltd [2020] EWCA Civ 35)

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Thinking - Snapshot

Acquisitions: clause in SPA construed as a covenant to pay, not an indemnity

02 June 2020

When will a clause be considered a covenant to pay as opposed to an indemnity?

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Thinking - Snapshot

Good faith; contractual discretion

02 June 2020

Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)

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Thinking - Snapshot

Electronic signatures

21 January 2020

Neocloeous v Rees [2019] EWHC 2462 (Ch)

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Thinking - Snapshot

Cryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement

21 January 2020

What legal status do cryptoassets have under English law? Are smart contracts legally valid and enforceable under English law?

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Thinking - Snapshot

No “curate’s egg” approach to terms in a subject to contract document (Court of Appeal)

21 January 2020

Farrar v Rylatt [2019] EWCA Civ 1864

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Thinking - Snapshot

Implied duty of good faith in relational agreements

21 January 2020

UTB v Sheffield United

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Thinking - Snapshot

Implied duty of good faith clarified (High Court)

21 January 2020

New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm)

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Thinking - Snapshot

Summary judgment granted on basis of “no set off” clause - AMC III Purple BV v Amethyst Radiotherapy Ltd [2019] EWHC 1503 (Comm)

07 November 2019

Will the courts give effect to “no set off" clauses and do they exclude both legal and equitable set off?

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Thinking - Snapshot

Stobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA Civ 1376

07 November 2019

Was notice of a tax claim under a share purchase agreement effectively given?

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Thinking - Snapshot

Rectification of contracts: how to assess parties’ intention (Court of Appeal)

07 November 2019

What is the correct test to be applied in deciding whether the written terms of a contract may be rectified because of a common mistake?

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Thinking - Snapshot

Law Commission - Execution of documents

07 November 2019

Following its review and consultation, what's the Law Commission's position on electronic signatures?

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Thinking - Snapshot

Racing Partnership Limited v Done Brothers

07 November 2019

Can information that derives from a public sports event be subject to an obligation of confidentiality to the event organiser?

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Thinking - Snapshot

Gaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited [2019] EWCA Civ 823

07 November 2019

What constitutes “reasonable endeavours”?

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