Terminating contracts

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Contempt—false statements—sentencing (Axa Insurance UK v Reid)

The following Dispute Resolution news provides comprehensive and up to date legal information on Contempt—false statements—sentencing (Axa Insurance UK v Reid)

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Featured Dispute Resolution content

Protective costs orders

Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...

Without prejudice communications

This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

The tort of procuring a breach of contract

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

9th Nov

Precedents

Particulars of claim—contractual debt claim

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

Produced in partnership with Leigh Callaway of Fladgate 12th Jan

COVID-19

Practice notes

Single joint experts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

Practice notes

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...

9th Nov

Practice notes

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...

Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan

Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

9th Nov

Practice notes

Expert reports

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Wasted costs orders

What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...

9th Nov

Practice notes

Applications without notice

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Nov

In-house

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 12th Jan

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

Practice notes

Submission of no case to answer

IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...

9th Nov

Practice notes

Stay of proceedings—when can you apply to stay a claim?

This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...

9th Nov

Practice notes

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...

Produced in partnership with Professor Richard A Buckley 12th Jan

Most recent Terminating contracts content

Q&As

In contract law, is there case law or an equitable principle that takes into account unforeseen circumstances in exercising a right to terminate? For example, where an individual suffers an illness and is unable to cancel within 30 days but later cancels once they have recovered.

This Q&A assumes that the contract to be terminated is between businesses (B2B).For guidance on considerations on the termination of B2C contracts,...

10th May

Practice notes

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

7th May

In-house

Practice notes

Different types of cancellation rights

From 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 replace the Consumer Protection...

5th May

Practice notes

Frustration—key and illustrative decisions

Frustration is a doctrine in English law comprising a common law right to terminate a contract where a frustrating event occurs after the contract...

27th Apr

COVID-19

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

26th Apr

COVID-19

In-house

Practice notes

Contract disputes—key and illustrative decisions

NOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use ctrl+f to search its contents.The general...

26th Apr

COVID-19

Practice notes

Getting the Deal Through: Commercial Contracts 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia; Canada; Germany; Japan; Mexico; Spain; Switzerland;...

9th Apr

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

8th Apr

COVID-19

In-house

Practice notes

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

8th Apr

In-house

Practice notes

Force majeure clause analysis—a practical guide

This Practice Note provides a step-by-step process for analysing and invoking a force majeure clause. It must be read in conjunction with Practice...

8th Apr

COVID-19

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

8th Apr

Practice notes

Drafting termination notices—contract breach

This Practice Note on drafting a contract termination notice and an accompanying without prejudice offer letter to settle any claim arising out of the...

8th Apr

COVID-19

Practice notes

Ending a contract by agreement

A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...

8th Apr

In-house

Practice notes

Frustration event analysis—a practical guide

This Practice Note on frustration provides a practical guide when considering whether an unforeseen event may be considered to have frustrated an...

8th Apr

COVID-19

Practice notes

Force majeure—key and illustrative decisions

Whether or not reliance on a force majeure clause will be successful depends on the precise wording of the clause and the commercial context of and...

8th Apr

COVID-19

Practice notes

Force majeure—consequences and contract discharge

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

8th Apr

COVID-19

Q&As

I have received a force majeure notice from my supplier, what do I do?

The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The...

Produced in partnership with XXIV Old Buildings 8th Apr

COVID-19

Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...

8th Apr

COVID-19

Q&As

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?

While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...

Produced in partnership with Richard Colbey of Lamb Chambers 8th Apr

COVID-19

Q&As

How do I activate a force majeure provision?

There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie...

Produced in partnership with Richard Nicholas of Browne Jacobson 8th Apr

COVID-19