TRG law - newsletter


TRG UPDATE - January 2023   


Welcome to the New Year issue of the TRG Update.

Firstly, some exciting news. World Commerce & Contracting have confirmed that once again they would like us to run, in the spring of 2023, our highly popular ‘annual’ contract law update session. Many of you will remember that we successfully ran these sessions for many years prior to Covid. As yet the exact date and venue have not been fixed but details will be published on the WC&C website fairly soon. If you are interested in coming or are able to offer a potential venue, please let us know as soon as possible although formal bookings will still need to be made on the WC&C website. The session will feature the most important decided cases over the last 3 years since the last in person session. Hopefully a welcome and useful opportunity to get out of the ‘office’ and engage with an audience who all deal with commercial contract negotiation and drafting issues on a daily basis.

As we did last month, in addition to the usual case reports, we thought it might be interesting to highlight a drafting issue that we came across recently coupled with some observations and comment. Please provide feedback both on whether you would welcome something similar from time to time and your thoughts on the drafting issues raised.

In this edition we feature cases covering:

  • Overcoming a force majeure event;

  • Enforceability of liability limitations;

  • The requirement for ‘gross negligence’;

An archive of the cases which have featured in our Updates over the years is available here.

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Overcoming a force majeure event

MUR Shipping v RTI (Court of Appeal) [2022]

The principle of force majeure and when it can validly be invoked continues to receive a great deal of attention  ...   More>>>

Enforceability of liability limitations

Benkert v Paint Dispensing (Court of Sessions Scotland – Inner House) [2022]

Clauses limiting liability to specified sums are of great practical importance, particularly where the cap is comparatively small in relation to a much more significant loss. This is one area where the law does exercise a degree of oversight and so decisions, particularly from an appeal court, on when a limitation is likely to be upheld are of great importance ...   More>>>

Gross negligence

Nigeria v J P Morgan (High Court) [2022]

Traditionally, English law has been slow to recognise ‘gross negligence’ as a separate and distinct concept. However, in part due to the fact that it is becoming more common for contracts to refer to the term, particularly in clauses limiting or excluding liability, the courts are now having to grapple with what the term means ...  More>>>

Drafting Matters

Lawyers are always looking to ensure that any limitation of liability clauses they include are not susceptible to judicial attack. Typically they do this through the drafting of the limitation and exclusion clauses themselves. However, we recently came across what seems to be a completely novel approach...  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 2023

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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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