We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 12

The meaning of “best endeavours”
  • Dorsey & Whitney LLP
  • United Kingdom
  • June 25 2012

As we discussed in the last edition of the Update, the High Court’s decision in this case considered the meaning of the phrase “all reasonable endeavours”


Obligations to negotiate in good faith
  • Dorsey & Whitney LLP
  • United Kingdom
  • June 25 2012

Two recent cases have considered express contractual agreements to negotiate in good faith, and found them not to be enforceable


Penalties for failing to mediate
  • Dorsey & Whitney LLP
  • United Kingdom
  • June 25 2012

The Technology and Construction Court (TCC) has ruled that when a party refuses to mediate, that behaviour may be deemed unreasonable conduct for the purposes of Part 44.3 of the CPR and sanctioned accordingly


Solicitors need not disclose client’s whereabouts
  • Dorsey & Whitney LLP
  • United Kingdom
  • June 25 2012

The Court of Appeal has ruled that Addleshaw Goddard will not be forced to disclose the whereabouts of its client, Mr Ablyazov


Email chains can create a contract of guarantee
  • Dorsey & Whitney LLP
  • United Kingdom
  • June 25 2012

The Court of Appeal has confirmed a decision of the High Court that a series of documents, such as a chain of emails, with an electronic signature can constitute a valid guarantee


Part 36 offers in construction proceedings
  • Dorsey & Whitney LLP
  • United Kingdom
  • June 25 2012

In April 2009 Carillon, a contractor engaged to construct a rail depot, sued PHI which was another contractor on the project


Ambiguous contractual provisions
  • Dorsey & Whitney LLP
  • United Kingdom
  • February 23 2012

The Supreme Court has ruled on the correct approach to take when addressing ambiguous contractual provisions


Springboard injunctions
  • Dorsey & Whitney LLP
  • United Kingdom
  • February 23 2012

The High Court considered the circumstances in which a ‘springboard injunction’ will be granted


Meaning of “all reasonable endeavours”
  • Dorsey & Whitney LLP
  • United Kingdom
  • February 23 2012

The High Court has held that the duty to use “all reasonable endeavours” can require a party to act against its own commercial interests, but made clear that the requirement to act against one’s own commercial interests relates only to matters within a party’s control


Meaning of “consent not to be unreasonably withheld” in a commercial contract
  • Dorsey & Whitney LLP
  • United Kingdom
  • February 23 2012

The High Court considered the meaning of the frequently used contractual term that "consent not be unreasonably withheld" in the context of a Share Purchase Agreement