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…
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…
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…
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…
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…
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…
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…
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…
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…
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…