The aim behind this blog is simple: to let you know about important recent cases dealing with contract law in as few words as possible.
Articles: 1-10 of 38
Red hand doctrine: a new label and a high bar
United Kingdom - December 16 2025 The red hand, or onerous clause, doctrine—which says that an onerous term will not be given effect unless the other party's attention has been…
High Court interprets apparently broad close out rights narrowly
United Kingdom - December 12 2025 The High Court has held that broadly framed “protection of interests” provisions did not permit a firm in special administration to close out its…
Election requires reflection: waiver of a contractual right to terminate requires knowledge of the right
United Kingdom - December 9 2025 The Court of Appeal has said that a party will not waive an express contractual right to terminate merely by continuing to perform after the trigger…
Deemed fulfilment of a condition precedent? An unbelievable fiction!
United Kingdom - December 1 2025 Where a would-be debtor has breached a condition precedent to a debt, that condition precedent cannot be “deemed fulfilled” under English law…
Obligations under a put option: conditional or concurrent?
United Kingdom - November 11 2025 The High Court has looked at whether the obligation to pay for shares under a put option was conditional on certain documentation being provided or…
Mine your language, the literal meaning of the words prevail
United Kingdom - November 6 2025 In Westfield v Harworth, the Court of Appeal affirmed well-known principles of contractual interpretation. A holiday park with a Zone of Interest The…
Clause for concern: the penalty rule, default interest and extortion
United Kingdom - November 5 2025 Default interest, in a loan agreement, at a rate of 4% compounded monthly, was not extortionate given the legitimate interests at play and so was not…
Ship sailed, unjust enrichment claim derailed
United Kingdom - November 3 2025 It's a familiar scenario: you contract to provide advice, and you think there has been mission creep. Can you claim a reasonable fee for what you see…
Keep calm and carry on: contractual performance after a wrongful repudiation
United Kingdom - October 10 2025 The Court of Appeal's decision in Advanced Multi-Technology v Uniserve is a reminder that if you “repudiate” a contract, for example by saying you…
A seat at the table: third parties and exclusive jurisdiction clauses
United Kingdom - October 9 2025 The High Court has looked at when a third party can rely on (and be bound by) an exclusive English jurisdiction clause in Campeau v Gottex. Director…
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