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TRG UPDATE - April2022


Welcome to the April issue of the TRG Update.

This spring TRG is celebrating its 18th anniversary as a legal practice advising on the drafting, negotiation and enforcement of commercial contracts. It is a source of great pride that some of those instructing the firm have been with us from the very start back in 2004. However, we are constantly on the lookout for new clients and for additional work from existing clients. The vast majority of our subscribers to the Update are not yet clients. Please consider whether you or any of your colleagues / contacts might benefit from our combination of legal expertise / experience, pragmatic advice and very competitive charge rates. Our mission has always been to provide a top quality service at a fraction of the cost. Fortunately not all law firms seek to charge the eye watering £1,131 per hour as reported recently in the Law Society Gazette! If you or somebody you know might be interested in what we can provide, we would be delighted to receive a call or email.

In this edition we feature cases covering:

  • A force majeure clause validly invoked to terminate a contract;
  • A material adverse change clause and a duty to negotiate in good faith;
  • The extent to which a contracting party is obliged to accept alternative performance in a force majeure situation;
  • The appeal judgment on the meaning of a ‘loss of profit’ exclusion.

An archive of several hundred decided cases which have featured in our Updates over the last 18 years is available here.

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Force majeure validly invoked to terminate contract

European Professional Club Rugby v RDA (High Court) [2022]

Force majeure clauses and their operation have been brought to the forefront by the advent of Covid. This case was a relatively rare example of force majeure being successfully invoked. It is an interesting case for what the judge had to say about the motivations of the party seeking to terminate…   More>>>

Material adverse change clause in the spotlight

The FA Premier League v PPLive Sports International (High Court) [2022]

Contracts will sometimes contain a clause which is designed to protect one or maybe both parties from fundamental changes to the subject matter of the contract. This case featured one such contract and highlighted the need to pay close attention to the drafting. The case was also notable for what the judge said about ‘good faith negotiations’...   More>>>

Force majeure and reasonable endeavours to overcome

Mur Shipping v RTI (High Court) [2022]

Those whose contracts have been affected by the latest sanctions that have been introduced recently by many governments might be interested in this case which considered what a party might be required to do in order to be able to successfully invoke a contractual force majeure clause which required the party affected to take reasonable endeavours to overcome the force majeure situation...  More>>>

Exclusion of liability for loss of profit

Soteria v IBM (Court of Appeal) [2022]

Ever since it was issued last spring, the original High Court judgment in this case, as to the effect of a loss of profit exclusion clause, has been highly controversial and much criticised. The overturning of that decision is to be welcomed not least because it accords more with normal use of language... More>>>

This email is intended as general information only and not as legal advice. If you require any advice, please contact us.

© TRG Law Limited 2022

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TRG Updates contain practical summaries of important legal developments in commercial contract law, including information technology and related areas.

TRG BRIEFings are brief ‘alerts’ to key contract, technology and intellectual property related legal issues and developments.

TRG law specialises exclusively in the drafting, negotiation and interpretation of technology, outsourcing and commercial contracts.

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