Top 10 tips when negotiating an agreement for a web site or other...
I was recently asked to give my top 10 tips on negotiating an expensive web site based on my experience in drafting and negotiating IT agreements. Here they are. I must stress that they apply to the...
View ArticleLiquidated damages does not always need to be genuine pre-estimate of loss to...
Liquidated damages are clauses in contracts that provide for a pre-agreed value to be paid in the event of a breach of contract by one of the parties. Commonly, they are used when there is a delay to...
View ArticleIs a guarantee liability a liquidated sum?
Is a creditor entitled to bring bankruptcy proceedings in respect of a guarantee and indemnity? In this case , the question the court asked was whether a guarantee liability, is a liability for a...
View ArticleEarly termination payment not a penalty if not linked to contract breach
Henning Berg v Blackburn Rovers, High Court The High Court has confirmed that a payment payable on termination of a contract could not be assessed for being a penalty, where the payment was not linked...
View ArticleHigh Court rules that originally valid liquidated damages clause became an...
Unaoil v Leighton Offshore, High Court Leighton Offshore tendered for engineering and construction work for an oil pipeline project in Iraq. Leighton Offshore contracted with Unaoil, the...
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