News & Analysis as of

United Kingdom Contract Formation

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

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In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

A&O Shearman

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

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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

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Latham & Watkins LLP

UK’s “Smarter Contracts” Landscape Offers Robust Foundation for Commercial Use

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The latest analysis of “smarter contracts” provides helpful guidance on the opportunities and potential legal and practical risks in adopting these technologies. LawtechUK’s latest analysis of so-called smarter contracts...more

A&O Shearman

Stop the press; a liquidated damages case that isn’t about penalties…

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You might be forgiven for thinking that any time a party wants to get out of a liquidated damages provision, it argues the clause is an unenforceable party. However, in a recent case, a contractor sought to avoid liquidated...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

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Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

A&O Shearman

No U-turn as Court refuses to reverse a principle on principals, agents and a signature (car)

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A party who signed without indicating in the signature block that they were an agent was judged to be a principal to the contract....more

BCLP

Marking your letter “subject to contract”: what does the label mean? Recent English Court of Appeal judgment

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It is not uncommon to start a correspondence with a “subject to contract” label. But what does this mean? What is its legal effect?...more

Hogan Lovells

A sign of the times – Land Registry start accepting electronic signatures

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The Land Registry has announced this morning that, with immediate effect and until further notice, they will accept for registration transfers, leases and certain other deeds which have been electronically signed....more

BCLP

Electronic execution: another “new normal”?

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Electronic signatures and virtual signings (using the Law Society guidance following the “Mercury” Tax case) have been gaining popularity for some time with electronic execution given an added boost in Autumn 2019 when the...more

Holland & Knight LLP

COVID-19: Executing Simple Agreements and Deeds Remotely Under English Law

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Amid the social distancing restrictions and shelter-at-home orders caused by the COVID-19 crisis, many workers involved in the aircraft finance and leasing industry are working remotely. Transactions and restructurings are...more

A&O Shearman

UK Conduct Regulator Confirms Regulatory Rules Allow Electronic Signatures

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The U.K. Financial Conduct Authority has published a statement on its expectations for wet-ink signatures in light of the coronavirus pandemic...more

Bracewell LLP

COVID-19 and "Electronic" Execution of English Law Documents

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In light of the on-going Covid-19 pandemic, many organisations are implementing remote working policies and limiting access to offices in order to effect social distancing measures. Notwithstanding the changes to usual...more

White & Case LLP

2019 Half-year in review: M&A legal and market developments

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We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more

White & Case LLP

Sanctioned default? The English High Court considers the effect of foreign illegality on English obligations

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As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more

Jones Day

UK Supreme Court Upholds "No Oral Modification Clauses," Affirms Written Contract Variations Requirement

Jones Day on

The recent decision of the UK Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 highlights the need for strict observance of No Oral Modification clauses in agreements....more

Bracewell LLP

Paper Beats Rock! The UK Supreme Court rules on the efficacy of 'No Oral Modification' clauses

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The UK Supreme Court opinion in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 marks a step change in English law’s treatment of ‘No Oral Modification’ (“NOM”) clauses. The Court opined that...more

A&O Shearman

Establishing a contract: subsequent negotiations and inconsistent intentions

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When determining whether parties had validly entered into a contract, the Court of Appeal held that it was wrong to disregard subsequent communications which were inconsistent with the existence of a contract: (1) Global...more

BCLP

Always Sign on the Dotted Line…Or Act Like You Did

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Bryan Cave recently represented the successful claimant in a case which highlights to parties that, even where they have set out formal requirements for signature before becoming bound by a contract, the way they act can be...more

Cooley LLP

Blog: The Importance of Online Agreements on UK Websites

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The Terms of Use Agreement (“TOU”) and the Privacy Policy found on most websites govern the relationship between the website operator and all of its customers. Although it may be tempting to copy and use online agreements...more

Pillsbury Winthrop Shaw Pittman LLP

English Contract Law and Oral Contracts - Your Word May Still Be Your Bond

Verbal contracts have their place in English law - Whether it was American movie mogul Samuel Goldwyn or the Australian/Irish politician Bryan O’Loghlen who first said, ‘A verbal contract isn’t worth the paper it’s...more

Pillsbury Winthrop Shaw Pittman LLP

English Contract Law: Your Word May Still be Your Bond

American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am...more

Latham & Watkins LLP

Three Little Words: "Subject to Contract"

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The recent decision in Newbury v Sun Microsystems [2013] EWHC 2180 (QB) highlighted the issues in ensuring that draft settlement agreements do not bind the parties until the agreements are in final form. In Newbury, a letter...more

Morgan Lewis

UK High Court Revisits Issue of Where a Contract Is Formed

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Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of...more

Morrison & Foerster LLP

Good Faith Obligations in English Law

Unlike many civil law jurisdictions in Europe, English law has generally not recognised an implied obligation that contractual parties should perform their obligations in good faith. English courts take the view that parties...more

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