All posts
Tested: Mandatory ADR clauses in contracts
English legal professionals often highlight the
reliability and predictability that English law brings to contractual agreements, offering
commercial entities a sense of security in their transactions. This confidence is generally
well-founded, but recent developments raise questions about....
Read more
Lancashire Schools v Lendlease and Equans
The High Court has recently made a decision to
allow a
lawsuit to move forward, despite it contravening a contract's stipulation for mandatory
alternative dispute resolution (ADR). This case involved Lancashire County Council and
Equans, with the former initiating legal action....
Read more
Innovate Pharmaceuticals v University of
Portsmouth
Innovate, the patent holder of a new drug,
partnered
with the University of Portsmouth for research purposes. A significant issue emerged when a
paper published by a university-employed scientist contained critical inaccuracies,
attributed partially to dishonest actions. This situation compelled Innovate to seek
additional testing, causing a delay in the drug's market entry and hindering the exploitation
of its patent rights....
Read more
Invisible Ink: Unseen Signatory's Court
Triumph
Canon Medical Systems (CMS), a prominent
manufacturer of medical imaging equipment, partnered with The Imaging Centre to establish TIC
Mobile, a new joint venture entity. The collaboration aimed to equip TIC Mobile with mobile
MRI and CT scanning units for lease to healthcare providers. However, the venture faced
challenges, leading CMS to halt the supply of new units to TIC Mobile, which, despite not
being a signatory to the original agreement, sought to enforce its terms against CMS.....
Read more
Clause and Effect: High Court Upholds Contract
Exclusion in Software Dispute
The High Court has delivered a decisive verdict,
granting summary judgment in favour of Pinewood UK, amidst a contractual battle involving
claims of breach and the applicability of an exclusion clause. This judgment underlines the
legal strength of well-drafted exclusion clauses in....
Read more
Important Reminder when drafting Liability Caps in
Contracts
In the legal tangle between Drax and Wipro
concerning the provision of software services, the interpretation of a liability clause took
centre stage. Drax, after facing a series of delays and missed deadlines from Wipro,
terminated their master services agreement early, sparking a debate over the extent of
Wipro's financial liability. Drax argued for a liability cap based on....
Read more
AI Act Breakthrough: Europe Sets the Stage for
Future AI Governance
The European Parliament and the Council of the
European Union have achieved a consensus on the pioneering Artificial Intelligence Act (AI
Act), signaling a new era in AI regulation. While the final text is awaited, early insights
reveal a comprehensive, risk-based approach....
Read more
Frustration, illegality, force majeure et al of in
scope: an assessment of the consequences of English contracts following Russia’s invasion of
Ukraine
Page & Page: Russia’s invasion of Ukraine has led to
the U.S., the EU, and the UK imposing wide-ranging sanctions and significant retaliatory
measures by Russia....
Read more
An insight into contractual discretion and absolute
contract rights: don’t fall foul of apparent throw away clauses.
The concept of freedom of contract is often employed in
commercial arrangements to allow parties to address unforeseen or ambiguous situations that
may arise during the term of their contract...
Read more
