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Contract

The courts will not interpret a contract to rescue a party from a bad bargain

The Supreme Court has made it clear in its decision in Arnold v Britten1 that where the natural meaning of contract wording is clear it should not seek alternative interpretations that might appear more in accord with commercial common sense or Read more…

By Anthony de Winton, 7 years2016-02-06 ago
Transport

“Cigarettes attract smokers, smugglers and thieves.” The UK Supreme Court considers the effect of the jurisdiction provisions in the CMR Convention

The UK Supreme Court has recently given judgment1 considering the jurisdiction provisions in the Convention on the Contract for the International Carriage of Goods by Road ( CMR Convention). The CMR Convention CMR is an international convention covering the carriage of Read more…

By Anthony de Winton, 7 years2015-12-13 ago
Contract

Penalty clauses considered by the UK Supreme Court – Cavendish Square Holding BV v Talal El Makdessi

In their recent judgment in Cavendish Square Holding BV v Talal El Makdessi1 the UK Supreme Court has revisited the rule against penalties. What is understood by the rule against penalties? The courts have long held that contract clauses intended to Read more…

By Anthony de Winton, 7 years2015-12-13 ago
Contract

Retention of title – Dangers as well as benefits where goods are intended for consumption or onward sale by the buyer

Contracts for the sale and purchase of goods involve the transfer of ownership of those goods to the buyer. Normally this transfer would be assumed to occur when the goods were delivered to the buyer. However, it is not uncommon Read more…

By Anthony de Winton, 7 years2015-12-13 ago
Contract

Contractor’s warranties – Conflicting responsibility

Contracts are about apportioning responsibility and risk. Contracts for the engagement of contractors to design or produce something will typically define the standards to which the contractor has to operate. A problem can arise if the contract requires the contractor Read more…

By Anthony de Winton, 7 years2015-09-27 ago
Contract

Good faith in commercial contracts revisited

As mentioned in an earlier article (Good faith and the exercise of discretion in contracts) English law does not impose a general obligation of good faith in the performance of contracts. This contrasts with the position under many other legal Read more…

By Anthony de Winton, 8 years2015-06-10 ago
Contract

“Without Prejudice” revisited by the Court of Appeal

Parties seeking to reach a compromise or settlement frequently mark correspondence “without prejudice” with the intention that such correspondence be off the record and not used in evidence in any legal proceeding. As one judge has stated, ” I have Read more…

By Anthony de Winton, 8 years2015-04-28 ago
Jurisdiction

The Brussels Regulation recast and the end of the Italian Torpedo

The Brussels Regulation is the primary instrument covering jurisdiction and the enforcement of judgements in commercial matters within the European Union. A revised version of this Regulation1 (“Brussels Regulation Recast”) took effect from 10 January 2015. Certain key provisions remain unchanged Read more…

By Anthony de Winton, 8 years2015-02-04 ago
Contract

Measure of loss and the mitigation of damage. New guidance from the courts on when damages for breach of contract should be reduced to give credit for a benefit arising out of the breach

The “NEW FLAMENCO” was a small cruise ship built in Genoa in 1972. She was chartered to Globabia for a term due to end on 28 October 2007. The Owners and Charterers reached an oral agreement to extend the charter Read more…

By Anthony de Winton, 8 years2014-12-06 ago
Contract

Will the English courts uphold contract clauses requiring disputes to be resolved by amicable discussion?

In recent years there has been an increasing frequency of commercial contracts that include provisions requiring disputes to be the subject of amicable discussion before being the subject of arbitration or litigation. Such provisions may in part be intended to Read more…

By Anthony de Winton, 8 years2014-12-06 ago

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