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A Guide to Endeavours Clauses
  • Reed Smith LLP
  • United Kingdom
  • January 15 2016

A frequent negotiating point in commercial contracts is the weight of an obligation. Lawyers often try to minimise the rigor of the


Avoiding Unenforceable Penalty Clauses
  • Reed Smith LLP
  • United Kingdom
  • January 14 2016

The Supreme Court in 2015 reviewed and redefined the rules governing unlawful penalty clauses. The new test considers whether there is a legitimate


Directors must exercise their powers only for a proper purpose
  • Reed Smith LLP
  • United Kingdom
  • December 18 2015

A new judgment was released by the Supreme Court on 2 December 2015, which emphasises the importance of directors acting with 'proper purpose'. The


UK bribery: for cooperating companies, virtue has at least some rewards
  • Reed Smith LLP
  • United Kingdom
  • December 2 2015

On Monday 30 November, an English court approved a Deferred Prosecution Agreement (DPA) between the Serious Fraud Office and Standard Bank, in


Entire agreement clauses - do they work or not?
  • Reed Smith LLP
  • United Kingdom
  • December 2 2015

This client alert is intended to provide a summary which considers the effectiveness and limitations of entire agreement clauses. It also includes


Enforcement of contractual provisions: the Supreme Court reviews the law on unenforceable penalty clauses
  • Reed Smith LLP
  • United Kingdom
  • November 4 2015

The Supreme Court has upheld the validity of two disputed penalty clauses, by allowing an appeal in Cavendish v El Makdessi and dismissing an appeal


Court of Appeal finds that ship owner “got what it agreed to pay for”
  • Reed Smith LLP
  • United Kingdom
  • October 23 2015

In a decision which has wide reaching implications for ship owners, the Court of Appeal yesterday upheld the decision of the Commercial Court


When is a "contract for the sale of goods" not a contract of sale of goods?
  • Reed Smith LLP
  • United Kingdom
  • July 31 2015

A recent decision in the English Commercial Court has potentially significant ramifications for the shipping and trading industry. This decision will


Key factors to consider when interpretingconstruing commercial contracts
  • Reed Smith LLP
  • United Kingdom
  • July 24 2015

The recent English Supreme Court decision in Arnold v Britton provides important clarification of the correct approach to adopt when interpreting


The mitigation conundrum
  • Reed Smith LLP
  • United Kingdom
  • July 16 2015

The English court has recently clarified the principles of the duty to mitigate loss. The decision in Thai Airways International plc v KI Holdings Co