UK, Contract Drafting, Contract Disputes

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

Mayer Brown on 3/13/2025

The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on 2/6/2025

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Drafters beware! Court of Appeal on the significance of express terms

BCLP on 5/25/2023

Every so often the Court will reaffirm the primacy of express terms while re-stating the rule that implied terms can only be relied on to the extent they are (i) so obvious as to go without saying, or (ii) necessary to give...more

Sign your engagement letter. It’s not up for negotiation

A&O Shearman on 2/15/2023

The High Court has provided a stark reminder of the risks that arise if parties, despite extensive negotiations, fail to sign their agreements, in this case an engagement letter....more

Key trends in contractual negotiations

BCLP on 9/8/2021

The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

Bacardi guaranteed or indemnified to breeze through contractual interpretation

A&O Shearman on 6/17/2021

Once again the court looks at the vexed question of the distinction between a guarantee and an indemnity....more

English Court of Appeal Confirms Proper Test for Common Mistake Rectification

Latham & Watkins LLP on 8/14/2019

Objective test applies if a prior concluded contract exists, but subjective test applies if there is a continuing common intention. In the recent case of FSHC Group Holdings Limited v. GLAS Trust Corporation Ltd [2019]...more

Contract formed before more detailed terms agreed

A&O Shearman on 12/20/2016

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC), 25 October 2016 - This case highlights the risks where a simple contract is found to have been formed before more detailed terms are agreed. The court...more

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