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Oil & Gas Shipping: Excluding ‘consequential loss’ can restrict ‘direct’ damages
  • CMS Cameron McKenna
  • United Kingdom
  • November 30 2016

The Commercial Court was recently asked to consider the correct construction of the phrase “consequential or special losses or expenses” in a clause


Indirect and consequential loss exclusions: a case for change?
  • CMS Cameron McKenna
  • United Kingdom
  • November 29 2016

A Commercial Court decision earlier this month has upheld a broad interpretation of a consequential loss exclusion in favour of the traditionally


General Counsel Update - November 2016
  • Herbert Smith Freehills LLP
  • Australia, European Union, Hong Kong, United Kingdom
  • November 24 2016

The outcome of the June 2016 Brexit referendum raised many significant questions of concern to business. We began our Brexit analysis 18 months before


M&A Weekly Update 11-17 November 2016
  • Macfarlanes LLP
  • United Kingdom
  • November 18 2016

In this issue we look at recent cases on letters of intent and cross-border mergers, as well as proposed changes to the PSC regime and shielding


Exclusion Clauses - Star Polaris v HHIC-Phil (High Court)
  • Clyde & Co LLP
  • United Kingdom
  • November 17 2016

This case is an appeal from an arbitrator's award which concerned the construction of a clause in a shipbuilding contract. Two points of general


Is there a general principle of good faith under English law?
  • Fenwick Elliott Solicitors
  • United Kingdom
  • November 8 2016

Many jurisdictions expressly include in their civil codes references to the concept of good faith in commercial dealings. In that context, an


Formation of subcontracts and time bar clauses
  • Fenwick Elliott Solicitors
  • United Kingdom
  • November 8 2016

Today, notices and time bar provisions are found in most construction contracts. As Edward Colclough highlights, the 2016 case of Commercial


Can a party recover its legal costs in adjudication?
  • CMS Cameron McKenna
  • United Kingdom
  • September 16 2016

There is a developing trend in adjudication for parties to seek recovery of their legal costs. In most circumstances, this will not succeed, but


Termination clauses - can they escape your notice?
  • Hogan Lovells
  • United Kingdom
  • August 1 2016

In Vinergy International (PVT) Limited v Richmond Mercantile Limited FZC (2016) the Court considered to what extent parties exercising their common


Knocked out on penalties
  • Baker & McKenzie
  • United Kingdom
  • July 22 2016

WITH Euro 2016 in full swing at the time of writing, the rule against penalties may sound like a dream come true for any die hard England fan. Indeed