July 2021 This Guide focuses on Heads of Terms as used for acquisitions (buying company shares or buying business assets as a going concern).
You can check out any time you like but you can never compete? A Court of Appeal decision on restrictive covenants by employee shareholders
March 2021 Fair's fair? A scary case about valuing a minority shareholder's shares
February 2021 A Court of Appeal case about the magic words 'subject to contract'
An example of loose drafting of a warranty liability exclusion clause in a share purchase agreement
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.
Jan 2020 This recent case is a salutary lesson on the importance of thinking ahead and getting the right bases covered in your commercial agreements. The case relates to an agency/introduction agreement, but the same advice applies to all sorts of agreements.
Do you know what you're trying to achieve with a side letter to a contract?
When does a contract come into existence and how do you know what it says?
July 2018 A recent case is a rare example of where the contract was quite clearly worded, so the courts couldn’t use their powers of interpretation to get a fair result, but managed to do it using the equitable remedy of rectification.