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Topic: Contractual interpretation

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Incorporation of contractual terms by course of dealing

June 30, 2022

A useful reminder of the risks arising from oral contracts

The High Court considers estoppel and NOM clauses

June 16, 2022

The decision provides an interesting example of how estoppel by convention and estoppel by representation can co-exist with NOM clauses post Rock Advertising

Express words are required in exclusion clauses to exclude claims for wasted expenditure

May 29, 2022

A summary of the Court of Appeal’s decision and the consequent drafting considerations

Latest trends in English banking litigation - Duration and resolution of claims

May 09, 2022

The latest post in our series covers the recent trends in the duration and resolution of English banking litigation, including an analysis of whether fraud cases are more or less likely to settle

Privy Council warns against issue arising from hybrid arbitration clauses

April 07, 2022

The Privy Council has upheld the Supreme Court of Mauritius’s refusal to set aside an arbitral award. The report highlights the necessity for clear drafting and the complexities associated with the use of hybrid arbitration clauses.

Smart legal contracts under English law - Part 3: Remedies, Consumer Contracts, Jurisdiction & Governing Law

February 03, 2022

The Law Commission has considered whether the current law of contract can adapt to the use of smart legal contracts

Smart legal contracts under English law - Part 2: Formation & Interpretation

February 02, 2022

The Law Commission has considered whether the current law of contract can adapt to the use of smart legal contracts

Smart legal contracts under English law - Part 1: Introduction

February 01, 2022

The Law Commission has considered whether the current law of contract can adapt to the use of smart legal contracts

A warning on incorporating standard terms by reference

November 23, 2021

A recent decision is a timely reminder that where parties are seeking to incorporate their own standard terms by reference, particularly burdensome clauses (even if they are standard across the industry) should be drawn to the attention of the other party.

Which time zone applies when a contract is silent?

November 17, 2021

The Commercial Court considers the general rules for determining times/dates where an agreement is silent as to the applicable time zone.