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Exclusive jurisdiction clause does not apply to non-parties to the agreement

Squire Sanders
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United Kingdom
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October 29 2009

In Morgan Stanley & Co International Plc v China Haisheng Juice Holdings Co Ltd, the High Court considered whether an exclusive jurisdiction clause extended to claims made against a non-party to an agreement

High Court clarification of illegality defence

Squire Sanders
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United Kingdom
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October 29 2009

As a matter of public policy, the courts will not allow a claimant to enforce an illegal contract or otherwise to benefit from his own wrongdoing

Courts required to assess of their own motion whether terms fair under UTCCR 1999

Squire Sanders
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European Union, Spain, United Kingdom
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October 29 2009

In a reference from the Spanish courts in the case of Asturcom Telecomunicaciones SL v Maria Cristina Rodriguez Nogueira, the ECJ has considered whether, in proceedings involving a term in a consumer contract, a national court must consider of its own motion whether that term is unfair within the Unfair Terms in Consumer Contracts Directive (9313EEC) (the Directive

High Court interprets and applies the Commercial Agents Regulations

Squire Sanders
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United Kingdom
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December 10 2009

In the case of Accentuate Limited v Asigra Inc, Mr Justice Tugendhat in the High Court interpreted and applied Regulations 17 and 19 of the Commercial Agents (Council Directive) Regulations 1993 (the Regulations), concerning the payment of compensation to an agent on termination of the agency contract

Agency continued even where agent no longer negotiating sales

Squire Sanders
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United Kingdom
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December 10 2009

In Claramoda Limited v Zoomphase Limited, the High Court was asked to determine the effective date of termination of an agency contract for the purposes of assessing whether compensation was payable under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations

High Court strikes out entire exclusion clause although only one sub-clause unreasonable

Squire Sanders
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United Kingdom
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December 10 2009

In Lobster Group Limited v Heidelberg Graphic Equipment Limited, the High Court has held that an unreasonable sub-clause in an exclusion clause rendered the entire clause unreasonable and unenforceable

Leave to appeal granted in Enviroco case

Squire Sanders
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United Kingdom
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May 27 2010

The Supreme Court has granted Enviroco leave to appeal the Court of Appeal's decision in Enviroco Ltd v Farstad Supply AS

'Subject to contract' waived where parties performed before agreement signed

Squire Sanders
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United Kingdom
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March 30 2010

In RTS Flexible Systems v Molkerei Alois Müller GmbH, the Supreme Court has held that where a clause in a draft contract provided that the contract would not become effective until signed by the parties, the parties had waived that requirement by beginning work on the project

Court of Appeal confirms low threshold for duty to mitigate loss

Squire Sanders
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United Kingdom
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March 30 2010

In Lombard North Central PLC v Automobile World (UK) Ltd, the Court of Appeal has reiterated that the duty to mitigate losses caused by a breach of contract is not a demanding one

Personal liability of directors for company acts of IP infringement

Squire Sanders
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United Kingdom
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January 28 2010

In Boegli Gravures SA v (1) Darsail (2) Andrei Pyzhov, the High Court summarised when a director will be personally liable for an intellectual property infringement committed by the company