The CJEU has provided some helpful guidance on the interpretation of the Council Directive on unfair terms in consumer contracts - confirming its broad scope and limiting the effect of unilateral variation clauses. The case has important implications for any business supplying consumers in the EU.
Law Firm: Allen & Overy | Published: 18 June 2013 | Practice Area: Sale and Supply of Goods and Services
In TSG Building Services PLC v South Anglia Housing Limited, the High Court held that a contractual right of termination did not have to be exercised in good faith. HSF's litigation team offers an analysis of the case's background, decision and implications.
Law Firm: Herbert Smith Freehills | Published: 14 June 2013 | Practice Area: Practice and Procedure
In BMA Special Opportunity Hub Fund Ltd v African Minerals Finance Ltd, the Court of Appeal cosidered the "business common sense" approach to contractual interpretation as expounded by the Supreme Court in Rainy Sky v Kookmin. Allen & Overy offers analysis and comment on the decision.
Law Firm: Allen & Overy | Published: 12 June 2013 | Practice Area: Practice and Procedure
The recent decision in BNY Corporate Trustee Services Limited v Eurosail has provided helpful guidance on the interpretation of the insolvency tests set out in section 123 of the Insolvency Act 1986. This guidance is of significance to anyone creating contracts containing this type of provision.
Law Firm: Wragge & Co | Published: 24 May 2013 | Practice Area: Regulation and Enforcement
Organisations should manage the risk applicable to its business in the event of a disaster. A commonly used preventative management technique is the inclusion of a business continuity disaster recovery plan as part of the organisation's risk strategy and within its key commercial contracts.
Law Firm: Shoosmiths | Published: 20 May 2013 | Practice Area: Corporate Governance
Exclusive remedies clauses frequently arise in construction contracts in the UAE and often prove to be a hotly contested issue. This article therefore considers exclusive remedies clauses from a UAE law perspective and, by comparison, briefly sets out the common law position.
Law Firm: Al Tamimi & Company | Published: 16 May 2013 | Practice Area: Remedies and Enforcement
Net contribution clauses crop up frequently in terms of appointment, but there has not been much judicial guidance on the operation of NCCs, other than a Scottish case from 2009. However, the operation of a NCC was recently considered in the case of West v Ian Finlay and Associates (A Firm).
Law Firm: Bond Dickinson | Published: 10 May 2013 | Practice Area: Property Finance
A commercial supply contract was enforceable despite there being provisions that still had to be agreed. The parties intended the contract to be enforceable, as evidenced by the nature of the wording used, the history of their relationship and the fact that substantial matters had been agreed.
Law Firm: Allen & Overy | Published: 08 May 2013 | Practice Area: Boilerplate
Every year the pace of international expansion has quickened for retailers. Covering key European jurisdictions, this guide focuses on retail compliance, e-commerce & data protection, employment law and real estate and looks in detail at the principal challenges each area faces.
Law Firm: Eversheds | Published: 07 May 2013 | Practice Area: Sale and Supply of Goods and Services
There is always a focus on ensuring that completion occurs on time. Generally, contracts provide for liquidated damages if completion does not occur by the specified contractual completion date. But what happens if completion occurs too soon or if liquidated damages are not correctly dealt with?
Law Firm: DLA Piper | Published: 03 May 2013 | Practice Area: Property Finance
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