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Results: 1-10 of 11

Solicitors need not disclose client’s whereabouts

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • June 25 2012

The Court of Appeal has ruled that Addleshaw Goddard will not be forced to disclose the whereabouts of its client, Mr Ablyazov

The meaning of “best endeavours”

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • June 25 2012

As we discussed in the last edition of the Update, the High Court’s decision in this case considered the meaning of the phrase “all reasonable endeavours”

Obligations to negotiate in good faith

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • June 25 2012

Two recent cases have considered express contractual agreements to negotiate in good faith, and found them not to be enforceable

Email chains can create a contract of guarantee

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • June 25 2012

The Court of Appeal has confirmed a decision of the High Court that a series of documents, such as a chain of emails, with an electronic signature can constitute a valid guarantee

Penalties for failing to mediate

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • June 25 2012

The Technology and Construction Court (TCC) has ruled that when a party refuses to mediate, that behaviour may be deemed unreasonable conduct for the purposes of Part 44.3 of the CPR and sanctioned accordingly

Part 36 offers in construction proceedings

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • June 25 2012

In April 2009 Carillon, a contractor engaged to construct a rail depot, sued PHI which was another contractor on the project

Meaning of “consent not to be unreasonably withheld” in a commercial contract

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • February 23 2012

The High Court considered the meaning of the frequently used contractual term that "consent not be unreasonably withheld" in the context of a Share Purchase Agreement

Meaning of “all reasonable endeavours”

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • February 23 2012

The High Court has held that the duty to use “all reasonable endeavours” can require a party to act against its own commercial interests, but made clear that the requirement to act against one’s own commercial interests relates only to matters within a party’s control

Enforceability of side letters

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • February 23 2012

This case serves as a reminder of two important principles to have in mind when drafting an agreement

Ambiguous contractual provisions

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • February 23 2012

The Supreme Court has ruled on the correct approach to take when addressing ambiguous contractual provisions