‘Seemingly innocuous’ clause matters
Parties seeking to vary a contract informally may be thwarted by a ‘no oral modification’ clause, the Supreme Court has ruled. In a case that has implications for all types of contract, the Justices...
View ArticleCourt competition hots up
London’s commercial courts are increasingly international, but competition from regional hubs remains fierce, according to an annual report. The Commercial Courts Report 2018, commissioned by...
View ArticleRisky business
The recent implementation of the Criminal Finances Act 2017 (CFA) marks the latest legislative crackdown on corporate financial crimes. The CFA has extended the powers of law enforcement agencies to...
View ArticleDisclosure reforms ready to go
Parties to commercial litigation must disclose all ‘smoking guns’ under draft disclosure rules due to be piloted in the Business and Property Courts in January. The Civil Procedure Rules Committee...
View ArticleBe careful what you say no longer
In MWB v Rock, The Supreme Court has upheld the effectiveness of anti-oral variation clauses
View ArticleConsequential loss: what the reasonable businessperson really thinks
According to the Court of Appeal, both indirect and consequential loss (in a limitation clause) have the same well established meaning from which the courts cannot, or should not, depart. Both mean an...
View ArticleContracts can be electronic
Electronic signatures are a valid way to sign formal legal contracts, the Law Commission has confirmed. Such signatures have been subject to legal uncertainty until now.
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