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The risks of creating guarantees electronically

McDermott Will & Emery
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United Kingdom
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September 4 2012

The principle of freedom to contract, as a result of which parties are entitled to form contracts without the need for the terms to be written down, is fundamental to English law

Court of Appeal of England and Wales considers “best” and “all reasonable” endeavours

McDermott Will & Emery
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United Kingdom
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April 30 2012

The Court of Appeal of England and Wales in Jet2.com Limited v Blackpool Airport Limited 2011 EWHC 1529 (Comm) has provided guidance on the enforceability of “best endeavours” and “all reasonable endeavours” clauses

The High Court of England and Wales rules on Formula One confidentiality and copyright infringement

McDermott Will & Emery
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United Kingdom
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April 30 2012

In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others 2012 EWHC 616 (Ch), the High Court of England and Wales ruled on claims for contractual and equitable breach of confidence and copyright infringement brought by one Formula One (F1) race team operator against another

High Court of England and Wales rules emissions allowances to be treated as property

McDermott Will & Emery
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United Kingdom
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February 13 2012

Following a decision of the High Court of England and Wales in Armstrong DLW GmbH v Winnington Network Ltd 2012 EWHC 10 (Ch) the legal status of European Union Allowances (EUAs) traded under the EU Emissions Trading Scheme (EU ETS), has now been clarified, with the Court holding that EUAs should be classed as intangible property under English law

Gym contracts and the unfair trading regulations

McDermott Will & Emery
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United Kingdom
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July 31 2011

The High Court of England and Wales has held that Ashbourne Management Services Ltd’s standard form contracts breached the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection from Unfair Trading Regulations 2008, and the Enterprise Act 2002

McCain Foods GB Ltd v Eco-Tec (Europe) Ltd: direct loss and consequential loss

McDermott Will & Emery
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United Kingdom
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March 31 2011

In McCain Foods GB Ltd v Eco-Tec (Europe) Ltd 2011 EWHC 66 (TCC), judgment was given in favour of McCain Foods on a claim for breach of contract against the supplier of a biogas treatment system

Rooney v CSE Bournemouth Ltd: terms and conditions available upon request

McDermott Will & Emery
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United Kingdom
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January 25 2011

In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms

CPC Group Ltd v Qatari Diar Real Estate Inv Co.: “reasonable” and “best” endeavours

McDermott Will & Emery
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United Kingdom
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September 28 2010

Under the contract for the development of the Chelsea Barracks site, Qatari was obliged to use "all reasonable but commercially prudent endeavours" to enable the achievement of certain thresholds leading to payment of the deferred consideration and to procure planning permission free of legal challenges

Robert Andrew Jones v Ricoh UK Ltd: scope of confidentiality agreements

McDermott Will & Emery
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United Kingdom
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September 28 2010

CMP assisted companies in acquiring and managing photocopiers and multi-functional office automation devices (MFDs

City of Westminster v Urban Wimax Ltd: clarification of "on completion of this agreement"

McDermott Will & Emery
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United Kingdom
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August 3 2010

On appeal, it has been found in City of Westminster v Urban Wimax Ltd 2010 EWHC 1166 (Ch) that the phrase "on completion of this agreement", when interpreted in its context, reading the document as a whole and having regard to the expressly stated objectives, could not mean "on execution or signing", but instead on the completion of what is envisaged to be done by the agreement

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