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Supreme Court Refuses to Add Terms When Contract Was Silent

Wednesday, 12 April 2023

What happens when a commercial contract provides for one party to be remunerated in one situation, but not in another? Would the courts imply an additional right to remuneration?

Supreme Court Refuses to Add Terms When Contract Was Silent

Articles & Blogs Commercial Contracts

Employee-Owned Trusts - An Option for GP Practices?

Monday, 15 August 2022

The media has recently been reporting on a Somerset-based Medical Centre converting to an employee-owned trust.

Employee-Owned Trusts - An Option for GP Practices?

High Court Applies Business Common Sense to Allow Solicitor to Charge Client

Tuesday, 09 August 2022

Despite best intentions, parties do not always make everything clear in their commercial contracts. The High Court had to decide on the interpretation recently when a contract was not clear.

High Court Applies Business Common Sense to Allow Solicitor to Charge Client

Articles & Blogs Commercial Contracts

Can Liquidated Damages Apply If Work Was Never Delivered?

Tuesday, 14 September 2021

In the case of Triple Point Technology Inc v PTT Public Co Ltd, the Supreme Court has ruled on a controversial Court of Appeal decision as to whether liquidated damages provisions in a contact apply for work that is never delivered.

Can Liquidated Damages Apply If Work Was Never Delivered?

Articles & Blogs Commercial Contracts

Good News on CE Marking Rules for Devices and Equipment Suppliers

Friday, 27 August 2021

The Department for Business, Energy & Industrial Strategy has updated its guidance to extend the period in which CE product markings could be acceptable for manufactured goods placed on the market in Great Britain.

Good News on CE Marking Rules for Devices and Equipment Suppliers

Articles & Blogs Commercial Contracts

New Rules for Suppliers and Distributors Proposed - What's Included?

Thursday, 24 June 2021

When parties enter into commercial agreements, there are sometimes restrictions that may be considered anti-competitive - anything from exclusive supplies or purchases, to territorial or customer restrictions, information sharing or price discussions.

New Rules for Suppliers and Distributors Proposed - What's Included?

Articles & Blogs Commercial Contracts

Strike Out Ruling Shows Dangers of Hiding Away Unusual Exclusion Clause

Thursday, 24 June 2021

Parties to commercial contracts often look to exclude liability or responsibility. Those clauses can take many forms. The Unfair Contract Terms Act requires exclusion clauses to be reasonable in order to be enforceable.

Strike Out Ruling Shows Dangers of Hiding Away Unusual Exclusion Clause

Articles & Blogs Commercial Contracts

How Explicit Does Your Liability Clause Need To Be in Dealing with Deliberate Breach?

Thursday, 15 April 2021

The liability clause is key in any commercial contract. That's what the parties scrutinise if they fall out. They usually minimise risk by limiting liability to a cap or excluding some types of liability altogether.

How Explicit Does Your Liability Clause Need To Be in Dealing with Deliberate Breach?

Articles & Blogs Commercial Contracts

The Importance of Worked Examples in Contracts

Tuesday, 10 November 2020

The objective of a contract is to create certainty and a way forward for the parties to act. Sometimes, things can get complex and can be hard to describe.

The Importance of Worked Examples in Contracts

Articles & Blogs Commercial Contracts

Suppliers Lose Termination and Other Rights Following New Law - How to Protect Yourself

Wednesday, 21 October 2020

It is so obvious to say, but suppliers want to be paid for the goods or services they supply, and we are living in highly uncertain times with suppliers increasingly concerned about the ability of customers (or clients) to pay.

Suppliers Lose Rights Following New Law - How to Protect Yourself

Force Majeure Clause May Be Unreliable If Circumstances Are Within Reasonable Control

Thursday, 09 July 2020

Force majeure clauses have risen from ignored boilerplate clauses to top of the agenda due to coronavirus (COVID-19). The High Court has ruled against a party looking to rely on a force majeure clause...

Force Majeure Clause May Be Unreliable If Circumstances are Within Reasonable Control

How Can an Innocent Party Take Action to Enforce Their Contractual Rights?

Thursday, 09 July 2020

What should an innocent party do if they are looking to take action against a late paying customer without breaching the contract itself?

How Can an Innocent Party Take Action to Enforce Their Contractual Rights?

Force Majeure During Coronavirus - Can You Get Pre-Payments Back?

Friday, 15 May 2020

Force majeure clauses have risen from ignored boiler plate clause to top of the agenda due to coronavirus (COVID-19). The High Court has ruled on whether a pre-payment should be reimbursed in light of force majeure.

Force Majeure During Coronavirus - Can You Get Pre-Payments Back?

Articles & Blogs Commercial Contracts

Tiger King - Battle of the Big Cat Trade Marks

Thursday, 07 May 2020

At the start of the UK's coronavirus lockdown, millions of us found solace in watching the Netflix documentary series Tiger King.

Tiger King - Battle of the Big Cat Trade Marks

Articles & Blogs Commercial Contracts

Is It Illegal to Prohibit Online Selling?

Tuesday, 05 May 2020

The High Court has ruled on whether it is illegal for a business to restrict online selling of its products by its retailers under existing competition law.

Is It Illegal to Prohibit Online Selling?

Commercial Contracts

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