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Interpretation

Nevermind the John Lewis ad, the latest update to Lewison is out

Jason Rix

Nevermind the John Lewis ad, the Christmas event for the true contract law geek is the supplement to The Interpretation of Contracts by Sir Kim Lewison. So here’s a summary of some of what made it to latest update (just out, but the cut-off date for developments is 31 July 2019): Deleted words: unsurprisingly, Lewison Read More

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Liverpool wins another big match as New Balance loses its shirt

Oliver Rule

[It’s rare for a contract case to be covered by talkSPORT, ESPN, or The Sun, nevermind one concerning good faith. But in case you’ve missed their coverage, with thanks to ardent LFC supporter Oli Rule, here’s Compact Contract’s take on New Balance v Liverpool. Or, as the court put it, “This is (another) dispute about Read More

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Is variation the spice of life? Not according to the Court of Appeal…

Becky Valori

In Great Dunmow Estates v Crest Nicholson the Court of Appeal held that a signed agreement over the valuation date for an expert determination was not contractually binding since it did not comply with a variation clause in the underlying contract. The dispute related to a conditional contract for the sale of land which provided for Read More

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Quincecare: can you exclude the implied duty?

Jason Rix

In a recent decision, upholding a refusal to grant summary judgment, the Court of Appeal held that an entire agreement clause and an exemption clause were ineffective to prevent a Quincecare duty arising or to exclude liability under that duty. In simplified form, a Quincecare duty means that a bank must not make a payment Read More

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Sanctioned: “in order to comply with any mandatory provision of law”

Briony Langley-Miles

In Lamesa v Cynergy, the High Court clarified the meaning of “in order to comply with any mandatory provision of law” in an English law governed facility agreement, allowing the borrower to avoid making payments where to do so might breach U.S. federal law imposing secondary sanctions. Lamesa, acting as lender, was a Cypriot company Read More

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Peru-sing the interpretation of a mistaken oral agreement

Bethany Gregory

In Lehman Brothers v Exotix Partners, the parties to an oral trade in Peruvian government global depository notes were both mistaken as to their value, resulting in the buyer receiving a windfall which it was effectively ordered to repay. Lehman Brothers and Exotix, a securities broker, entered into a trade by telephone on a recorded Read More

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Effectiveness of no waiver provision upheld

Sykes Mitchell

In Sumitomo Mitsui Banking Corporation v Euler Hermes, an assignment was not effective where a requirement for a confirmation had not been waived in compliance with a “no waiver” provision; but a power of attorney saved the day. As part of a public private partnership scheme for the construction of a waste treatment facility in Read More

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“Ohpen” for business: High Court upholds mediation clause

Godwin Tan

In Ohpen v Invesco, the High Court held that the parties’ contractually agreed alternative dispute resolution procedure operated as a condition precedent to litigation. As a result, court proceedings were stayed to allow mediation to take place. Invesco engaged Ohpen to develop a platform for investments. The contract included a multi-tiered dispute resolution procedure. The Read More

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Take not(ic)e – the correct way to interpret a unilateral notice

Hershil Kotak

In Stobart Group v Stobart and Tinkler, the Court of Appeal clarified the approach to interpreting a unilateral notice given under a contract. Stobart and Tinkler had sold Stobart Rail to Stobart Group under a share purchase agreement which included two related, but distinct, notice provisions about tax: Paragraph 7 required Stobart Group to notify Read More

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Termination based on company being struck off not affected by restoration

Samuel Webb

In Bridgehouse v BAE Systems, a termination notice based on a company being dissolved remained effective despite the company being restored to the register. BAE agreed to procure the sale, by one of its subsidiaries, of two airfields for GBP 93m to Bridgehouse. BAE was able to terminate the agreement if Bridgehouse was struck off Read More

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