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TRG UPDATE - November 2018 (Part 2)


Welcome to the latest issue of the TRG Update.

In this edition we feature cases on:

  • Force majeure and reasonable endeavours
  • Penalty clauses
  • Vicarious liability for data security breaches
  • Contract formation and limitations of liability

As mentioned in our November Update, the annual IACCM / TRG Contracts Update event is taking place on Thursday 7th March 2019 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

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

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Force majeure and reasonable endeavours

Seadrill v Tullow (High Court) [2018]

Force majeure (literally ‘superior force’) is a well-known legal phrase that is often bandied about in connection with commercial contracts but it is not particularly well understood. It is comparatively rare for it to be the subject of a reported case. More>>>


Penalty clauses  

Holyoake v Candy (High Court) [2018]

It will often be the case that delays are not caused just by one reason. This case concerned an example of so called ‘concurrent delays’ i.e. delay caused by two or more reasons acting at the same time. More>>>


Vicarious liability for data security breaches

Morrison Supermarkets v Various Claimants (Court of Appeal) [2018]

The Court of Appeal has upheld a decision that could make employers vicariously liable for their employees’ actions even if they have taken every conceivable preventative step and bear no criminal responsibility. The court upheld a High Court ruling that supermarket chain Morrisons was liable for the actions of former employee Andrew Skelton. Morrisons said it will appeal to the Supreme Court. More>>>


Contract formation and limitations of liability

Arcadis Consulting v AMEC (Court of Appeal) [2018]

We previously reported on this case back in December 2016 (see when the High Court decided that because of the way in which the contract between the parties had been formed no limitation of liability had been effectively incorporated into the contract. The Court of Appeal has now reconsidered the case. 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 2018

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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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