TRG UPDATE - January 2019

Welcome to the first issue of the TRG Update in 2019.

Firstly an urgent reminder to reserve a place at the rapidly approaching annual IACCM / TRG Contracts Update event taking place on Thursday 7th March 2019. The event will be held at the fantastic setting of the De Vere Hotel, Latimer, Buckinghamshire and will feature the latest developments in contract law and topics of interest to all those involved in contract drafting or negotiation.

Following the 2018 event delegates said “Excellent update, thanks; Excellent command of subject and delivery; Very interesting, I like the fact that very recent cases were referred to; Once again a vital refresh of what’s new and changing in the world of contracts; Very useful overview of current court rulings and their potential application to my work; Great pace and practical insightful content; Very useful analysis of current issues – only real recommendation is to have similar sessions over a 2 day period to cover more topics; very well presented; Q&A session at the end was great; Very well presented, easy to absorb.”

The delegates who provided feedback were unanimous in confirming that they would recommend the event to their colleagues. It would therefore be sensible to book early to reserve a place. To do so please go to https://www.iaccm.com/events/calendar/

In this edition we feature cases on:

Entire agreement clauses - scope and effect
Entire agreement clauses - enforceability
Liquidated damages, force majeure and ‘guarantees’
Agreements to agree

An archive of previous cases featured in our Updates is available here.

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Entire Agreement clauses – scope and effect

Al-Hasawi v Nottingham Forest Football Club (High Court) [2018]

‘Entire Agreement’ clauses are routinely inserted into contracts with little or no thought. Their aim is to ensure that the written contract is the sole record of the parties’ rights and obligations. In recent years, time and again the courts have, however, found ways of circumventing the drafting where it was considered appropriate and this is yet another example More>>>

Entire Agreement clauses - enforceability

First Tower Trustees v CDS Superstores (Court of Appeal) [2018]

Entire Agreement clauses are under attack from two different directions. The Al-Hasawi case focussed on the drafting but even if you get the drafting right there is still a risk that the clause will be held to be unreasonable and therefore unenforceable. This was the focus of this second case More>>>

Liquidated damages, force majeure and ‘guarantees’

GPP Big Field v Solar EPC Solutions (High Court) [2018]

This case involved a number of topical issues including whether a ‘guarantee’ clause was, in reality, an indemnity and therefore subject to different legal principles More>>>

Agreements to agree

Morris v Swanton Care (Court of Appeal) [2018]

‘Reasonable’ is perhaps the contract drafter’s favourite word. It is often used as a form of compromise. However, as this case demonstrates it does have its limitations More>>>

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

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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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