Searching Content indexed under Contracts and Commercial Law by Fieldfisher LLP ordered by Published Date Descending.
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Joint Ventures And Implied Duties Of Good Faith
Nehayan v Kent [2018] EWHC 333 (Comm) is the latest case in a growing line of authorities in the UK on the implication of good faith in "relational" commercial contracts, such as joint ventures...
4 Jul 2018
Image Rights: Salah And The Egyptian Football Association
Here are a few brief thoughts on the Salah/ Egyptian FA image rights issue that has been reported over the last week
2 May 2018
ECJ Protects Commercial Agent's Rights On Termination During Trial Period
It has been a debatable issue for many years as to whether a Commercial Agent terminated during any trial or probationary period would be entitled to bring a claim for indemnity or compensation...
2 May 2018
Court Of Appeal Reverses Decision On Whether Software Amounts To 'Goods' For Purposes Of The Commercial Agency Regulations
The Regulations implement a European Directive and seek to protect the position of commercial agents in their relationship with their principal.
28 Mar 2018
Lessons Learnt – A Review Of 5 English Law Cases From 2017 And What Franchise And Distribution Businesses Can Learn From Them
2017 was a relatively quiet year for franchise disputes in the English courts. Nevertheless, this article discusses five cases which involved franchise and distribution relationships ...
15 Mar 2018
Implications Of The Criminal Finances Act 2017
On 30 September 2017, the Criminal Finances Act 2017 ("CFA") came into force in the UK introducing two new offences with regards to the facilitation of tax evasion.
8 Dec 2017
Harmonising Offline And Online Consumer Rights In Europe
On 2 November 2017 the European Commission published an amended proposal for a Directive concerning contracts for the sale of goods.
European Union
17 Nov 2017
Court Of Appeal Confirms More Relaxed Approach To Exclusion Clauses In Commercial Contracts
In the recent case of Persimmon Homes Ltd and others v Ove Arup & Partners Ltd, the Court of Appeal confirmed that the contra proferentem rule, the rule requiring any ambiguity in an exclusion clause...
17 Jul 2017
BREXIT: What Are The Five Key Issues For Franchisors To Consider?
Since the United Kingdom voted to leave the European Union ("EU") on 23 June 2016, "Brexit", and what it may or may not mean has dominated the national conversation.
20 Feb 2017
Preparing To Go Global
Markets for goods and services have become increasingly globalized and for many successful businesses, there comes a point in their growth cycle where the demand for their products...
15 Dec 2016
Bad Hair Day - English High Court Enforces Restrictive Covenants Against Former Franchisee Of Hair Salon Franchise
Franchisors and franchisee should take note that in franchise re-sales, it may be possible to impose stronger RCs on the seller in the sale documentation than would otherwise be possible in the franchise agreement.
24 Nov 2016
The Validity Of E-Signatures
A recent Note issued by a joint working party of the Law Society1 and the City of London Law Society has done much to increase confidence in the validity of electronic (or "e"-) signatures.
9 Nov 2016
Contractual Recognition Of Bail-In
Brexit has redirected and sharpened the focus of many on matters which, Brexit aside, might not have merited as much attention. One of those matters is the contractual recognition of bail-in in loan documents.
9 Nov 2016
My Word Is My Bond –Franchise Agreements Can Be Made And Varied Orally And By Conduct
Three recent cases in the UK Court of Appeal have illustrated the dangers of assuming that the written word in legal agreements is set in stone.
26 Aug 2016
A Pressing Commitment
A recent High Court decision illustrates the potential perils for parties entering into what might be assumed (or at least appear) to be documents that are not legally binding.
10 Aug 2016
When Fiction Becomes Reality…Pokémon Go!
Pokémon a fictional world filled with cute bouncy creatures. It's just for kids right? WRONG! If you're anything like me, you may have missed the Pokémon phenomenon when it first hit our screens in the mid-nineties.
27 Jul 2016
Civil And Commercial Proceedings In France
A general overview of the French rules of civil and commercial procedure, and how they differ from those in the US.
13 Jul 2016
FIDIC DAB Enforcement - Pay Now, Argue Later Re-Affirmed
A team from Fieldfisher LLP, led by disputes partner Colin Gibson, recently secured an enforcement of a DAB Decision in arbitration by way of a Final Partial Award after the contractor refused to pay.
6 Jul 2016
BREXIT: No Immediate Contractual Consequences For Franchisors With English And Scottish Law Contracts
Several franchisors attending the BFA annual conference on Friday - the day of the EU referendum result - expressed concerns about the implications of the UK's decision to leave the EU for their franchise agreements.
4 Jul 2016
Online Traders Must Comply With New EU Online Dispute Resolution Requirements
As part of the European Union's drive to encourage the use of alternative dispute resolution (ADR) in consumer disputes, the European Commission has developed a new online dispute resolution (ODR) platform...
European Union
6 Jun 2016
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