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Clyde & Co
On 30 January 2020, the World Health Organization ("WHO") declared the Novel Coronavirus (now called COVID-19) a "public health emergency of international concern".
Shearman & Sterling LLP
It is often taken for granted that only the named parties to a contract can enforce it.[1] The English Court of Appeal has recently considered an important derogation from that assumption
Dentons
2019 brought some interesting and important case law of relevance to Scottish commercial contract lawyers. Summarised below are our pick of 2019's top contract law cases from north and south of the border.
Herbert Smith Freehills
In a recent decision, the Commercial Court found that an express and (on its face) unqualified right to discharge the operator in a Joint Operating Agreement (JOA)...
Dentons
The Information Commissioner's Office (ICO) has revised its guidance regarding timescales for compliance with Data Subject Access Requests (DSARs) ...
Mayer Brown
In TAQA Bratani Limited and others v Rockrose1 the High Court has recently considered whether Joint Operating Agreements ("JOAs")...
Clyde & Co
A party seeking to rely on a force majeure or exceptions clause needs to show that "but for" the force majeure or excepted event, it would have performed the contract
Fenwick Elliott LLP
Sometimes, there may be time limits on when a party can refer a dispute to adjudication.
DLA Piper
This year, in the high profile dispute between the Post Office and many of its sub-postmasters, Fraser J considered what characteristics might signify that a contract is "relational".
DLA Piper
Last year a joint venture between friends was held to be subject to an implied duty of good faith. This duty, said the High Court, required the parties to work with greater mutual trust...
DLA Piper
Sheffield United (the club) claimed that UTB acted contrary to the terms of the Investors and Shareholders Agreement (ISA) between them and contrary to UTB's duty of good faith and ...
DLA Piper
Welcome to this year's round up of key cases relevant to sourcing and commercial contracts. Click on the headings below to read the full article.
Charles Russell Speechlys
As technology advances, the law must keep up. For some time, parties have been able to sign or execute a contract and enter into a binding transaction by using an electronic form of signature.
Fenwick Elliott LLP
Force majeure clauses are nearly always included in commercial contracts, particularly in the infrastructure, energy and construction sectors.
Charles Russell Speechlys
FIDIC publishes a suite of contracts intended for use on international projects (often referred to as the Rainbow Suite).
Fenwick Elliott LLP
As readers may be aware, the courts are keen to enforce adjudicators' decisions, even if they contain errors.
Herbert Smith Freehills
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms.
Fenwick Elliott LLP
Those involved with construction and engineering contracts recognise the benefits of agreeing a predetermined level of damages which will be payable to the employer, and which will operate as an exclusive remedy ...
Withers LLP
At the beginning of autumn the Fundraising Regulator published ten case reports into charity fundraising following complaints from the public.
Mayer Brown
Good faith is what you want to see in your dealings, but is it actually a legal obligation implied in your contract?
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