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Results: 1-10 of 193

Terminating contracts for "material breach"

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2009

In our March 2007 newsletter, we examined the English law position in relation to clauses which entitle a party to terminate a contract in the event of a "material breach" by the other party

Court of Appeal grapples with the relationship between an arbitration clause and the rights of third parties: decision in Fortress Value case upheld but on different reasons

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 2 2013

In May 2012, the Commercial Court dealt with the circumstances in which a third party beneficiary of a right under a contract will be treated as a

New UK company charge registration regime

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 4 2013

The final form of the long awaited new charge registration regulations for UK companies, the Companies Act 2006 (Amendment of Part 25) Regulations

Drafting contracts - Key lessons from 2013

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 3 2013

In this briefing we look at the lessons to be learnt from some of the English contract law cases of 2012 which, whilst not all arising out of

Court of Appeal rules on duty to mitigate loss

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 31 2010

In Lombard North Central Plc v Automobile World (UK) Ltd 2010 EWCA Civ 20, the Court of Appeal addressed the important issue of a party's duty to mitigate its loss

Stabilisation clauses issues and trends

  • Herbert Smith Freehills LLP
  • -
  • Global, United Kingdom
  • -
  • June 30 2010

Stabilisation clauses are contractual protections often incorporated into long term investment or concession contracts between international investors and states

Titan Steel Wheels Ltd v The Royal Bank of Scotland plc

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 12 2010

Titan Steel Wheels ("Titan"), a manufacturer of steel wheels for the 'off-highway' vehicle industry and a subsidiary of a large engineering group, brought a mis-selling claim against RBS in respect of two currency swap derivative products sold to it in June and September 2007

A summary of major developments in key areas

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, Indonesia, Myanmar, United Kingdom
  • -
  • March 7 2013

The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and

The decision in Cadogan Petroleum Plc and Ors v Mark Tolly and Ors

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2011

Following Sinclair v Versailles it is possible to maintain a proprietary claim only to assets which came into the fiduciary’s hands as a result of a transaction about which the principal makes no complaint

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

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