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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


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


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


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


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


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


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


Mi-Space (UK) Ltd v. Bridgwater Civil Engineering Ltd
  • Baker & McKenzie
  • United Kingdom
  • April 8 2016

The High Court of England and Wales has confirmed that email communications can constitute a binding agreement under English law, in another example


English contract law and oral contracts - your word may still be your bond
  • Pillsbury Winthrop Shaw Pittman LLP
  • United Kingdom
  • August 19 2014

Whether it was American movie mogul Samuel Goldwyn or the AustralianIrish politician Bryan O’Loghlen who first said, ‘A verbal contract isn’t worth