Best/reasonable endeavours
Failure to use reasonable endeavours: skating on thin ice
10 June 2019 - Bethany Gregory
In Gaia v Abbeygate, Abbeygate, a development company, was required to pay to Gaia GBP 1.4m, for a failure to use reasonable endeavours to enable a commercial site to be redeveloped. Abbeygate contracted with Planet Ice to purchase leases relating to an ice rink. Abbeygate was required to make an additional payment to Planet Ice › Read More
Disputes about “reasonable endeavours” ill-suited to summary judgment
31 July 2018 - Jason Rix
The High Court has held reasonable endeavours clauses require a detailed factual investigation, making them unsuitable for summary judgment (Insurance Medical Reporting v Your Lawyers Ltd). Insurance Medical Reporting provided medical reports to a law firm called Your Lawyers Ltd which specialises in personal injury claims. The parties had entered into an a credit agreement › Read More
Reasonable endeavours: have you done enough?
06 July 2017 - Jason Rix
In Minerva v Greenland, the court provides some useful pointers as to when a party has met an obligation to use reasonable endeavours to secure a particular outcome. Minerva sold a development site to Greenland. The sale agreement provided that if Minerva was successful in obtaining enhanced planning permission within a certain time, Greenland would pay › Read More
Reasonable endeavours to reach agreements with third parties: are they enforceable?
23 March 2017 - Jason Rix
A clause undertaking to use all reasonable endeavours to make an agreement with a third party is enforceable (Astor Management v Atalaya Mining). Astor argued that two of the defendants had breached an undertaking to use “all reasonable endeavours” to obtain a debt facility. The defendants raised a number of arguments in defence, including that › Read More