Russians use English courts for pre-emptive attacks
A sizzling tale involving a menage a trois of Russian oligarchs. Or - what does English law have to say about rights of first refusal on share transfers?
Backstops, best endeavours, good faith and Attorney Generals
15/1/19 Is the Attorney General’s legal advice on the legal effect of the Protocol to the Withdrawal Agreement on Ireland and Northern Ireland (the “Protocol”) correct?
Do deeds have to be executed under seal?
17/12/18 If you want to enter into a contract with someone, each side needs to give the other what is known as 'consideration'. You can't get something for nothing. The law is a bit silly here and it's largely a formality, as the value of the 'consideration' is irrelevant. That's why lots of contracts say...
Seasonal warning about Christmas parties
17/12/19 Employers can be held liable for unlawful things done by their staff if these take place in the course of their employment. This can include work-related social events out of office and after hours, particularly if they are organised by the employer. But what about post-party incidents?
I overpaid because you lied to me
Nov 2018 I’m not into football much myself but this recent Court of Appeal case relating to the sale of Nottingham Forest FC raises interesting non-football-related legal issues about how sellers can try to wriggle free from being liable for making lies which persuade buyers to buy.
Rectification – last resort (or, the ruthless world of property development…)
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.
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...
Meaning of ‘good faith’
28/6/18 Whilst it might make things a bit less commercially certain, my personal preference would be to insert a general duty of good faith into any contract. You can then rely on the English courts’ sense of fair play as to what this means. As with anything else, the case law on this (ie the law set out by a succession of cases in courts over time) will keep developing. The most important case law is set out by the Supreme Court and below that the Court of Appeal, because precedents they set have to be followed by lower courts. Cases at the Commercial Court are less important, but still help to set the tone...
What has good faith to do with a legal business contract?
28/6/18 English law has traditionally favoured the ability of businesspeople to negotiate whatever contracts they want in pursuance of their commercial interests, even if they manage to get the wording of the contract done in such a way as allows them to shaft the other guy. The argument is that it is better to have a contract which gives commercial certainty even if it might be unfair or has loopholes which can be abused...
The importance of checking your contracts
12/6/18 3 related articles here...Whilst it’s nice to be able to put a written business contract away in a drawer once it’s been negotiated and signed, a few recent cases highlight the importance of making sure you carefully read and follow any procedures they may provide for.