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Results: 1-10 of 976

Mistake and rectification of contracts: two recent cases
  • Bird & Bird
  • United Kingdom
  • December 13 2010

Two recent cases have highlighted when the court will allow rectification of a contract following mistake


Indirect and consequential loss exclusions: a case for change?
  • CMS
  • 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


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


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


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
  • 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


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


Top three construction cases: June 2016
  • Eversheds
  • United Kingdom
  • June 16 2016

A case examining a dispute as to when there has been a full and final settlement agreement between the contractual parties of the final account


Parent Company Guarantees - is there an alternative?
  • Fenwick Elliott Solicitors
  • United Kingdom
  • September 27 2013

Parent company guarantees are a common feature of construction and engineering projects. Their purpose is simple: to provide one party with security


Gross negligence in construction contracts - law and practice
  • Eversheds
  • United Kingdom
  • February 2 2015

The starting point has remained the same for almost 200 years: the tort of gross negligence is not a concept that is recognised by English law