Drafting Stuff

Unfair by definition

You can check out any time you like but you can never compete? A Court of Appeal decision on restrictive covenants by employee shareholders

Goodwill hunting

An example of loose drafting of a warranty liability exclusion clause in a share purchase agreement

A remotely interesting case

This 2020 Privy Council case was about the basis on which you work out how far you can go when working out for what kinds of losses you can claim damages when there is a breach of contract, before they have to be treated as irrecoverable because they are too remote.

Court backs clawback clause

July 2018 Where a clause in a business contract is badly worded, judges will generally try to reach a decision as to what it intended to say. They would prefer to do this than to rule that the clause is meaningless and should be ignored completely. After all, presumably the parties to the contract meant it to mean something, otherwise they wouldn’t have put the clause in...