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Taking notice of 'notice clauses' in international trade contracts - the importance of getting it right

Reed Smith LLP
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United Kingdom
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February 5 2012

The recent case of PEC Ltd v Thai Maparn Trading Co Ltd 2011 EWHC 3306 (Comm) considered the effectiveness of notices presented with the intention of extending the delivery period under an FOB contract

Where a defendant has agreed to indemnify a claimant in respect of actual liabilities, the defendant is not estopped from challenging the existence or amount of the claimant’s liability to a third party

Reed Smith LLP
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United Kingdom
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August 17 2011

The Claimant was engaged by a company to provide engineering services for buildings which subsequently sustained substantial damage

High Court considers the contractual duty of good faith

Reed Smith LLP
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United Kingdom
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August 17 2011

The Claimant and Defendant had entered in to a loan agreement which provided that “each party shall act in absolute faith towards the other”

Court of Appeal allows a party to rely on an argument on appeal which was pleaded, but not relied on, at first instance

Reed Smith LLP
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United Kingdom
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August 17 2011

The Appellant and Respondent had entered in to a contract for the sale of goods

High Court rules that a side letter was not enforceable as a legally binding contract, rather it was an agreement to agree

Reed Smith LLP
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United Kingdom
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August 17 2011

The Claimant had been a shareholder of a cable television and internet company (the “Company”), which was acquired by the First Defendant

In considering whether to grant permission to rely on additional witness evidence during the course of a trial, the lateness of the application is only one factor to take into account

Reed Smith LLP
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United Kingdom
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June 10 2011

The First and Second Applicants had sought specific performance of sale agreements entered into with the Respondent

High Court upholds service out of the jurisdiction without permission under CPR 6.33(2), despite the claimants filing a defective Form N510

Reed Smith LLP
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United Kingdom
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June 10 2011

The Respondent had brought a claim against the Applicant Slovakian company for damages for breach of a supply contract between the parties

Limitation and exclusion of liability: what do the phrases "wilful misconduct", "deliberate default" and "gross negligence" really mean?

Reed Smith LLP
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United Kingdom
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April 28 2011

Exemption clauses in contracts, which seek to limit or exclude liability, are often the subject of tense and protracted commercial negotiations

That a case involves a claim and counterclaim which may give rise to set-off does not preclude the making of an order for security for costs

Reed Smith LLP
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United Kingdom
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January 6 2011

In Autoweld Systems Ltd v Kito Enterprises LLC 2010 EWHC Civ 1469, the Claimant disputed the Defendant's termination of the contract between them and brought proceedings claiming payment from the Defendant under the contract

Court of Appeal confirms that evidence of market practice is admissible as an aid to contract interpretation

Reed Smith LLP
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United Kingdom
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January 6 2011

When interpreting a contract, a court may take into account the background knowledge which would have been available to the parties at the time that they entered into the contract

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