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Termination

Making a clean break – are your termination clauses sufficiently slick?

Samantha Holland

It is worth giving careful thought when drafting termination provisions in commercial contracts to help avoid tricky disputes about when, and in what circumstances, agreements can be brought to an end early. In Monde Petroleum v Westernzagros the Court of Appeal considered when an exploration and production agreement (EPSA) became “fully operational and enforceable” for the Read More

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A (conditional) free for all?

Lucy Judge

Budana v Leeds Hospital is about Conditional Fee Agreements and how they may be transferred. Ms Budana’s original solicitors, Baker Rees, represented her in a personal injury claim under a CFA with a 100% success fee, entered into under the pre-Jackson reform regime. Baker Rees purported to assign its book of personal injury claims, and CFAs, Read More

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What is repudiation?

Rainer Evers

Whether your counter-party has actually repudiated its contract is a big question. If you wrongly treat a contract as having been repudiated and so stop performing that contract yourself, you may face a claim for breach of contract. In Vitol v Beta Renowable, Vitol had agreed to buy biofuel from Beta, but Beta had then Read More

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When is prompt payment in a contract a condition?

Rainer Evers

The Court of Appeal has recently looked at when prompt payment is a condition of a contract in the context of shipping law and charterparties. It had to consider competing High Court authority on the question of whether a charterer’s failure to pay instalments under a time charterparty is a breach of a condition.  In his leading Read More

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