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TRG UPDATE - October 2019


Welcome to the latest issue of the TRG Update. Following our September Update a couple of recipients contacted us to say that the links in the Update did not seem to be working. Having checked with our IT experts we believe the problem is not with the Update itself but may be with the recipients’ DNS or firewall, anti-spam software or something similar. Their suggestions are to investigate the technology used to access the Updates to see if this may be the cause of the problem and to ensure that e-mails received from the domain are flagged as approved. If you do experience problems please do let us know and we will see if there is anything else we can do. If all else fails please just access our web site directly as the articles are accessible from there. Thank you all for your continued interest in our Updates and if colleagues or contacts might be interested in going on our mailing list they can sign up here.

Some of you may be interested in an ‘Ask the Expert’ webinar that Paul Golding is doing for the IACCM on the 21st November at 4pm on the subject of the emergence of ‘relational contracts’ under English Law and their impact for commercial contract drafting, interpretation and enforcement. Details of how to register to attend the webinar will be available at nearer the time.

In this edition we feature cases on:

  • The ‘blue pencil’ test
  • Economic duress and exercising contractual rights
  • Rectification for common mistake
  • Work starting with negotiations incomplete

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

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The ‘blue pencil’ test

Tillman v Zehnder (Supreme Court) [2019]

A restrictive covenant will be void for being in restraint of trade unless there is a legitimate interest to protect and the protection sought is no more than is reasonable having regard to the interests of the parties and the public interest. It is generally the case that a provision which goes too far will be declared unreasonable and therefore unenforceable in its entirety. That is unless the so called ‘blue pencil’ can be applied successfully... More>>>

Economic duress and exercising contractual rights

Times Travel v Pakistan International Airlines (Court of Appeal) [2019]

This case provides an interesting contrast to the Bates case we featured in June albeit that no cross reference is made to the Bates judgment and none of the arguments raised in Bates were used here. Instead, on facts which have a significant overlap on a number of key points, the arguments centred upon whether the excise of a contractual right of termination could amount to economic duress... More>>>

Rectification for common mistake

FHSC v Glas (Court of Appeal) [2019]

Rectification is an equitable remedy by which the court may amend the terms of a legal document which, because of a mistake, fails accurately to reflect the intention of the parties to it. ... More>>>

Beware work starting with negotiations incomplete

Anchor 2020 v Midas Construction (High Court) [2019]

Projects very often commence with contractual negotiations ongoing. This case is yet another example of the dangers of this and the uncertainties this can cause ... 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 2019

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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.

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