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TRG UPDATE - September 2020


Welcome to the latest issue of the TRG Update. Despite the pandemic, the English courts continue to hand down important judgments almost every week. In this edition of the Update we feature 4 of the latest case reports that have been added to our ‘library’. Since first starting to report on developments in commercial contract law some 20+ years ago, our archive has now grown to circa 500 case reports (we haven’t counted them!) covering virtually every conceivable commercial contract law topic under the sun.

In this edition we feature:

  • the importance of being clear who your client is
  • the basis upon which consent can reasonably be withheld
  • a case involving the recovery of profits under multiple contracts
  • the duty to act rationally.

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

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Be clear who your client is.

RSK Environment v Hexagon Housing (High Court) [2020]

Claims for damages can be brought both for breach of contract and, in tort, typically for negligence i.e. a failure to exercise reasonable skill and care in circumstances where a duty of care is held to exist. Often, claims in both contract and tort subsist in parallel but the right to bring a claim for negligence can exist independently of there being any contract in place between the claimant and defendant provided a duty of care is held to exist. The question to be answered here was whether limitation clauses in a contract applied to a claim brought by an entity that was not a party to the contract in question? ... More>>>

Grounds for withholding consent

Apache North Sea v Ineos (High Court) [2020]

Contracts routinely make certain matters ‘subject to the prior consent of [the other contracting party], such consent not to be unreasonably withheld’ The question in this case was whether consent had been withheld on reasonable grounds... More>>>

Multiple contracts and the recovery of profit

Attorney General Virgin Islands v Global Water (Privy Council) [2020]

This case considered the ability of a contractor to recover damages in respect of lost profits in circumstances where its appointment was split into distinct contracts covering different stages of the relationship ... More>>>

A duty to act ‘rationally’

UK Acorn Finance v Markel (High Court) [2020]

In some cases, a contracting party may be obliged to demonstrate that it has acted ‘rationally’ when taking decisions in relation to contracts ... 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 2020

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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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