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Commercial Contracts Bulletin - March 2017
  • CMS Cameron McKenna
  • European Union, United Kingdom
  • March 27 2017

In the recent case of Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp 2017 EWCA Civ 7, the Court of Appeal


No Need to Look Beyond Natural Meaning in Liability Clause Interpretation, Rules High Court
  • Veale Wasbrough Vizards
  • United Kingdom
  • March 22 2017

One of the key clauses in any commercial contract is the limitation of liability clause. This seeks to protect the parties - often the supplier -


Mutual trust and co-operation under the NEC
  • CMS Cameron McKenna
  • United Kingdom
  • March 20 2017

A recent judgment of the TCC has provided further insight as the scope of the obligation to act in “the spirit of mutual trust and co-operation”


Court of Appeal confirms the conventional operation of extension of time provisions
  • White & Case LLP
  • United Kingdom
  • February 21 2017

The Court of Appeal in Carillion Construction Limited v EMCOR Engineering Services Limited 2017 EWCA Civ 65 has confirmed that the industry-wide


Fraud and Performance Securities
  • White & Case LLP
  • United Kingdom
  • February 15 2017

Performance securities are an everyday feature of construction and engineering projects. It is increasingly common to see calls on performance


How effective are ‘anti-oral variation’ clauses?
  • EdwinCoe LLP
  • European Union, United Kingdom
  • February 14 2017

As the UK moves closer and closer to the triggering of Article 50, the impacts of Brexit on the construction industry (including concerns over labour


Negotiations and the conclusion of a contract
  • Ashfords LLP
  • United Kingdom
  • February 10 2017

The High Court has recently given judgment in a case where the parties failed to reach agreement on the terms of a commercial contract. C V Buchan


Post-termination calls on on-demand securities: Court of Appeal guidance
  • CMS Cameron McKenna
  • United Kingdom
  • January 31 2017

Earlier this month we reported on a Commercial Court decision enforcing the payment of demands made under Standby Letters of Credit after the


Can you claim costs in adjudication?
  • Clyde & Co LLP
  • United Kingdom
  • December 12 2016

In Lulu Construction Limited v Mullalley Co Limited 2016 EWHC 1852 (TCC),Lulu sought to enforce the unpaid portion of an adjudicator’s decision


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