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Results: 1-10 of 13

Landmark decision of English Supreme Court on penalty clauses and enforceability of liquidated damages
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2016

In the recent cases of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis (2015 UKSC 67), the English Supreme Court


イングランド最高裁判所違約罰条項と損害賠償予定額の 執行可能性について重要な判決を下す
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2016

イングランド最高裁判所は先般の Cavendish Square Holding BV v Talal El Makdessi 事件 および ParkingEye Limited v Beavis 事件2015 UKSC 67判決においてイ


Japan dispute avoidance newsletter - (number 158)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 7 2015

In a recent decision handed down on 4 November 2015 (concerning two appeals heard together) the UK Supreme Court has in effect re-written the rule on


Recovering wasted management costs
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract


Entire agreement clauses, implied terms and misrepresentations
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 30 2011

Entire agreement clauses are common boilerplate provisions used with the intention of limiting the parties' rights and obligations to the provisions contained within the contract


Events preventing contractual performance: the approach under English law contracts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 28 2011

2011 has already been a profoundly difficult year for many


Force majeure: is it a superior force?
  • Herbert Smith Freehills LLP
  • Asia-Pacific, United Kingdom
  • January 31 2011

The force majeure clause is a well established clause in most construction contracts


The battle of the forms
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 20 2010

In this month's newsletter, we look at a difficulty that frequently arises in negotiating supply contracts where both parties try to insist that the contract should be concluded on their own standard terms


Dispute resolution clauses and the importance of drafting
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties


Exclusion clauses part 2: recent developments
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2009

This is the second of a two part series on exclusion clauses in English law