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28 Oct 2019

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Contracts, certainty and implied terms for business efficacy

This Supreme Court decision concerned the enforceability of an agreement between an estate agent and a vendor.
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28 Oct 2019

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Exemption / exclusion clauses: No penalty if you have a legitimate inte..

In one of the first cases to apply Cavendish Square v Makdessi [2015] UKSC 67, the Supreme Court's seminal decision on penalty clauses, the Commercial Court has held that ..
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28 Oct 2019

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Exercises of contractual discretion

In this case, Abbeygate (a developer) appealed a decision of the High Court awarding Gaia damages of £1.4 million.
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28 Oct 2019

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Contracts, third parties and the right to redress

In this Court of Appeal case, the Appellants succeeded in bringing a claim under the Contracts (Rights of Third Parties) Act 1999 (the “Act”), even though they were neithe..
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28 Oct 2019

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The Court of Appeal clarifies the treatment of competing jurisdiction c..

This appeal related to an issue that commonly arises in cases relating to interest rate swaps and other hedging arrangements.
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28 Oct 2019

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Speculative investors in complex currency transactions (including Bitco..

Ms Ang was an individual investor in Bitcoin futures. She brought proceedings against Reliantco over the handling of her Bitcoin account in England, notwithstanding an exc..
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28 Oct 2019

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When does lawful pressure constitute duress?

When does commercial pressure cross the line into duress? In this Court of Appeal judgment, some welcome clarity has been provided on the scope of "lawful act duress".
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28 Oct 2019

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Is Brexit sufficient to frustrate a long lease where a party’s presence..

In most cases the Court is going to be reluctant to agree that Brexit will frustrate a contract, rather than merely leaving a party with a bad bargain. The fact that an EU..
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