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Terminating a commercial agreement - Shell discovers a challenge, the hard way

Bird & Bird
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United Kingdom
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December 13 2010

Terminating a commercial agreement can be challenging, and fraught with risk

'Genuine commercial justification' as a basis for a liquidated damages clause

Bird & Bird
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United Kingdom
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December 13 2010

Mr Healey's company signed a contract with the claimant shipbuilder in September 2008 for the construction of a luxury yacht

Is there a contract or not? The 'battle of the forms'...yet again

Bird & Bird
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United Kingdom
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December 13 2010

This judgment is the latest in a long line of decisions that have arisen as a result of parties behaving as if they had a contract in place, but without having agreed or finalised and documented the terms of that contract

'Any' breach does not always mean 'any' breach: debenhams finds out why

Bird & Bird
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United Kingdom
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December 13 2010

What's a working definition of a contract nightmare?

The obligation to use all 'reasonable but commercially prudent endeavours': the Prince of Wales and Chelsea Barracks case

Bird & Bird
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United Kingdom
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December 13 2010

This case relates to the high profile redevelopment of the Chelsea Barracks site in London, in which the Prince of Wales intervened during the planning process and the planning application was ultimately withdrawn

Mistake and rectification of contracts: two recent cases

Bird & Bird
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United Kingdom
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December 13 2010

Two recent cases have highlighted when the court will allow rectification of a contract following mistake

Contractual interpretation: the importance of precise drafting

Bird & Bird
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United Kingdom
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December 13 2010

Two recent cases illustrate the cost that a poorly drafted agreement can cause to a contracting party

High Court rules that a clause in a confidentiality agreement is anticompetitive

Bird & Bird
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United Kingdom
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September 17 2010

On 14 July 2010, the High Court ruled in Jones v Ricoh UK Limited that a clause in a confidentiality agreement breached Article 101 of the Treaty on the Functioning of the European Union ("TFEU") and was therefore unenforceable

Resolving disputes in a downturn

Bird & Bird
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United Kingdom
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November 24 2009

Whilst much has been written on the so-called "green shoots" of global recovery, there is little doubt that disputes connected with the "credit crisis" will endure long after a return to growth

Confidentiality

Bird & Bird
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United Kingdom
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June 10 2009

In Vestergaard Frandsen AS v Bestnet Europe Ltd the High Court considered the case of a consultant who, after doing research work for the claimant company, had then gone to do similar work for a rival

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