Welcome to our latest Commercial Contracts Bulletin!
In this issue, we look at some important decisions and key legislative changes over the last few months which we believe will have a significant impact on the way you and your competitors will approach the preparation and negotiation of commercial contracts.
Please click on the link below to view the full Bulletin. In this issue we discuss:
EU Consumer Rights Directive is approved
This article provides a brief overview of the benefits to consumers provided by the new EU Consumer Rights Directive, which
recently came into force.
The benefit of the doubt?
Porton Capital Technology Funds and others v 3M UK Holdings Ltd and another [2011] EWHC 2895 (Comm). The first of two articles on this case looks at it from an assessment of damages angle - when is the claimant entitled to
the benefit of the doubt?
Breaking up is hard to do
Howard-Jones v Tate [2011] EWCA Civ 1330. This article examines the difference between rescission and discharge of a contract by breach. A useful reminder of the
law that applies at the end of the contract!
One law to rule them all? The UK perspective on the Common European Sales Law
The European Commission has proposed a draft Sales Law that will apply throughout the European Union. We take a look at the
House of Commons' recent proclamation against the Common European Sales Law, and what such a law would mean for businesses
in the UK.
It’s only reasonable…
Porton Capital Technology Funds and others v 3M UK Holdings Ltd and another [2011] EWHC 2895 (Comm). Our second article on this case considers it from the point of view of the Court's interesting comments on determining whether
a party to a contract has withheld consent unreasonably.
Euro Sceptical
Some tips on avoiding drafting uncertainty in the context of the potential 'break-up' of the Euro this year, that has received
much speculation in the press. The European Commission has proposed a draft Sales Law that will apply throughout the European
Union. We take a look at the House of Commons' recent proclamation against the Common European Sales Law, and what such a
law would mean for businesses in the UK. Our second article on this case considers it from the point of view of the Court's
interesting comments on determining whether a party to a contract has withheld consent unreasonably.
Contract states all disputes to be resolved by an expert… why are you in court?
Persimmon Homes Ltd v Woodford Land Limited [2011] EWHC 3109 (Ch). The decision in this case gives useful guidance on the interpretation by the Court of expert determination clauses.
IT Transfer Plan... what IT Transfer Plan?
Astrazeneca UK Ltd v International Business Machines Corporation [2011] EWHC 306 (TCC). Our article takes a look at this recent case, which highlights the importance of ensuring you have an exit plan for the contract
in place.
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