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Wood v Sureterm: Court of Appeal considers limitations on the principle of business common sense as an aid to contractual interpretation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 2 2015

The recent Court of Appeal decision in Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd 2015 EWCA Civ 839 gives further guidance on the


High Court finds multi-party LLP agreements cannot be terminated for repudiatory breach
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 20 2015

In a case that will be of interest to those in the fund management industry and all other areas of business in which corporate structures regularly


Are problems associated with UK limited partnerships about to be solved? The new private fund limited partnership
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 19 2015

UK limited partnerships are commonly used as real estate investment vehicles but can be a challenge to operate. The Treasury has just published a


Court of Appeal considers incorporation of terms from framework agreements
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 11 2015

Framework agreements are commonly used to facilitate similar transactions on consistent terms. In a recent decision, the Court of Appeal considered


New pilots of streamlined procedures for claims in the main business courts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 5 2015

Two pilot schemes, the Shorter Trials Scheme and the Flexible Trials Scheme, will be introduced for claims commenced from 1 October and will run for a


Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 29 2015

In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach of a


Court of Appeal clarifies approach to ordering rescission for misrepresentation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 24 2015

Where a party has entered into a contract as a result of a misrepresentation, the question often arises as to whether it can unwind, or “rescind”, the


UK exit from the EU: sector by sector - corporate
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • July 23 2015

Whilst the Companies Act 2006 and the raft of secondary legislation made under it have been heavily influenced by various European Directives (notably


UK exit from the EU: sector by sector - contracts
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union
  • July 23 2015

Given that an exit from the EU would not entail any change in the currency of the UK; there should be fewer issues about existing contracts than would


A mixed bag: CMA responds to Which? super-complaint about supermarket pricing
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 16 2015

The CMA today published its response to a so-called super-complaint submitted by Which? in April. The response identifies potentially confusing and