Commercial contracts—international Q&A guides

The Lexology Lexology Panoramic guides provide up-to-date, trusted and reliable information on key topics of law and regulation in various jurisdictions, based on contributions from thousands of leading practitioners around the world. The guides for commercial contracts cover a number of countries including the UK, Australia, Bulgaria, Canada, China, Greece, Italy, Japan, Netherlands, Philippines, South Africa, South Korea, Switzerland, United Arab Emirates and USA.

International comparator tool

The International comparator tool  is designed to allow lawyers to compare legal differences across two or more jurisdictions in any given practice area. Using information from the Lexology Panoramic Guides, it can generate over two billion answers to your comparison requests. This is a valuable aid to uncover issues in cross-border matters and multi-jurisdictional disputes. See Practice Note: International comparator tool.

Questions

When dealing with commercial contracts, the Lexology Panoramic provide information in the form of a series of questions and answers. The questions are set out below, followed by links to the various Practice Notes, which deal with each of the guides:

  1. Is there an obligation to use good faith when negotiating a contract?

  2. How

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Latest Dispute Resolution News

Court of Appeal confirms narrow scope for post-limitation substitution in wrong defendant cases (Adcamp LLP v Office Properties)

Dispute Resolution analysis: The Court of Appeal has ruled that CPR 19.6(3)(b) does not permit substitution of defendants after expiry of the relevant limitation period where such substitution would change the essential facts necessary to establish liability against the substituted defendant. The claimants (respondents in the appeal) had issued proceedings against firms which had acquired the alleged wrongdoers, believing that any liabilities had been transferred. When it emerged (or was at least disputed) that liabilities had not been transferred, they sought to add or substitute the predecessor firm after limitation had expired. The Court of Appeal concluded that CPR 19.6(3)(b) was not engaged since the substitution would change the claim in substance, as an essential element of the case against the original defendant (the pleaded basis for the acquiring firm’s liability) would be replaced by the primary liability claim against the substituted defendant. It was, in effect, a different claim against a different party. The Court of Appeal was clear that any perceived harshness this might cause to claimants could not be mitigated by adopting a broad reading of CPR 19.6(3)(b). Rather, it considered the problem (if any) was caused by earlier binding Court of Appeal authority which had confined the ‘mistake’ gateway in CPR 19.6(3)(a) to errors of name (misnomer) and excluded cases of mistaken legal responsibility/liability (identity). Any solution, if required, would therefore be a matter for the Supreme Court.

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