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What does it mean to use all reasonable but commercially prudent endeavours ?

  • Matheson
  • -
  • United Kingdom
  • -
  • December 2 2010

In June of this year, in the case of CPC Group Limited v Qatari Diar Real Estate Investment Company 2010 EWHC 1535 (Ch), the UK High Court was required to interpret the contractual obligation to use "all reasonable but commercially prudent endeavours"

Court of Appeal applies Alderslade principle to crane hire agreement

  • Matheson
  • -
  • United Kingdom
  • -
  • February 8 2010

The judgment of the UK Court of Appeal in this case demonstrates a robust application of the Alderslade principle of contract law

Building energy rating

  • Matheson
  • -
  • Ireland
  • -
  • February 26 2009

A Building Energy Rating Certificate ('a BER') shows the energy performance, CO2 emission and approximate running cost of a building

Negligent land valuations: the dangers of buying before you sell

  • Matheson
  • -
  • Ireland
  • -
  • January 10 2014

The September 2013 High Court judgment in Brownrigg v Leacy & Anor held two auctioneers to have acted negligently in the provision of land valuations

Matheson REITs update: Finance Bill 2013

  • Matheson
  • -
  • Ireland
  • -
  • February 22 2013

The introduction of Real Estate Investment Trusts ("REITs") in Ireland, first announced in Budget 2013, is expected to attract increased foreign

Commercial leases database

  • Matheson
  • -
  • Ireland
  • -
  • May 9 2012

A new public database which will record details of all future letting arrangements in the Irish commercial property market and rent reviews under those leases is expected to have a significant impact upon future negotiation of leases and rent reviews

When is a wind turbine in the right place at the right height?

  • Matheson
  • -
  • Ireland
  • -
  • May 1 2014

The neighbour asked the Court to order that the wind farm be dismantled because the wind farm was not built in accordance with the planning

Supreme Court clarifies “upwards only” rent review provisions for Bewley’s

  • Matheson
  • -
  • Ireland
  • -
  • July 2 2014

The judgment of the Supreme Court on 1 July 2014, confirmed that the particular rent review clause is "upwards only". The judgment provides welcome

Are entire agreement clauses effective?

  • Matheson
  • -
  • United Kingdom
  • -
  • April 29 2010

In the recent case of FoodCo UK LP v Henry Boot Developments Ltd 2010EWHC 358(Ch) ("FoodCo UK LP"), the efficacy of entire agreement clauses and non-reliance clauses was once again upheld by the English High Court

Boom - time property purchasers not forced to complete sale

  • Matheson
  • -
  • Ireland
  • -
  • November 17 2010

In the recent judgement of Aranbel Limited v McGivern and Others, Justice Clarke considered the implications of a typical recession fuelled scenario: the consequences for those who entered into contracts to buy property at market peak, and who are called upon to complete at a purchase price which now far exceeds the current value of the property