The latest learnings in drafting commercial contracts

The latest learnings in drafting commercial contracts

Last week I blogged about the Lexis Nexis webinar on consumer protection law.  Yesterday I was able to “attend” a webinar aimed at in-house lawyers about drafting commercial contracts.  The speakers were Charles Maurice of Macfarlanes and Simon Stokes of Blake Lapthorn.

Charles began the session with a round-up of recent cases and the drafting tips that could be gleaned from them.  The first case he considered was El Makdessi v Cavendish Square Holdings BV & Anor [2013] EWCA Civ 1539, which is one of the latest case son liquidated damages and takes the test for whether liquidated damages are lawful and not penalties a step further.  The High Court set out a four stage test for deciding whether the liquidated damages were enforceable.  The Court of Appeal reversed the decision but retained the four stage test – the Supreme Court will consider the case in July 2015.

He also considered the case of

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