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Offer and acceptance "not the last word" in contract formation

United Kingdom - October 14 2021 As law students, we were taught that five key elements must be present for a contract to exist: (i) offer, (ii) acceptance, (iii) consideration, (iv)…

Ashley Morgan

Know your limits: can you rely on your exclusion clause?

United Kingdom - July 29 2021 A recent Supreme Court judgment is the latest in a spate of decisions that address the often problematic area of exclusion and limitation of…

Douglas Blyth, Fiona Caldow, Tim Constable

CFH Clearing v. Merrill Lynch International

United Kingdom - May 28 2019 The High Court has held that a bank was not obliged to reprice or cancel foreign exchange spot trades entered into at a time of severe market…

Tanya Alfillé, Matthew Sapte

On what basis can a secured lender refuse consent to a disposal when its consent is "not to be unreasonably withheld"?

United Kingdom - May 8 2018 A contractual provision to the effect that a party's consent should not be unreasonably withheld is a familiar one. When will it be unreasonable to…

Tanya Alfillé, Felicity Ewing

Ascertaining fair market value for "repo" trades under GMRA standard terms

United Kingdom - April 23 2018 In the recent decision in LBI EHF v. Raiffeisen Bank International AG [2018] EWCA Civ 719, the Court of Appeal has considered the close-out valuation…

Tanya Alfillé, Felicity Ewing, Matthew Sapte