United Kingdom: Contracts and Commercial Law

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Article
Conditions Precedent: Will They Bite?
Conditions precedent serve as critical contractual gateways in construction contracts, yet their identification and enforcement remains complex. This analysis examines when provisions operate as conditions precedent, explores their presence in standard construction forms including FIDIC, NEC, and JCT, and provides practical guidance on drafting enforceable provisions while understanding the circumstances under which they may be challenged or waived.
United Kingdom Commercial
FE
Fenwick Elliott LLP
Article
Trade Mark Watching Services: What’s Included And When Additional Charges Apply
Organisations often hesitate to invest in trade mark watching services due to concerns about unpredictable costs and whether every alert will trigger additional fees. This article examines the structure of trade mark watching services, clarifying what is typically included in the annual fee versus when additional charges may arise, and provides guidance on establishing a cost-effective monitoring framework.
United Kingdom IP
KL
Keltie LLP
Article
High Court Confirms Invalid Notice Of Readiness Cannot Trigger Laytime Under Voyage Charterparties
The High Court has reaffirmed strict requirements for serving a valid Notice of Readiness under voyage charterparties, ruling that an invalid NOR cannot start laytime running without clear evidence of waiver or estoppel. This decision provides critical guidance on protecting demurrage claims and assessing when laytime commences in shipping disputes.
United Kingdom Litigation
LA
Lester Aldridge LLP
Article
Game Developer And Publisher Battle Over Step In Rights
A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United Kingdom Litigation
LS
Lewis Silkin
Article
Clare Brennan Clare Brennan Comments On The Supreme Court’s Landmark Ruling On Part-Time Worker Protections
Clare Brennan, Partner in our Corporate & Commercial team, comments on a landmark Supreme Court decision that clarifies the legal protections available to part-time workers. The ruling confirms that part-time status only needs to be an effective cause of less favourable treatment, rather than the sole or predominant reason, when bringing a claim under the Part-Time Workers Regulations.
United Kingdom Commercial
HL
Hunters
Article
Occupied In Fact, Unoccupied In Law? High Court Draws The Line On Deemed Energy Supply Contracts And Landlord Liability In Footing The Bill
The High Court's decision in SmartestEnergy Business Ltd v Odeon Arcade Ltd has clarified a critical aspect of the Electricity Act 1989, determining when energy suppliers can pursue landlords for unpaid charges under deemed contracts in multi-let properties. The ruling addresses whether premises containing separately occupied units can be classified as "unoccupied" when served by a single meter, with significant implications for debt recovery strategies in the energy sector.
United Kingdom Energy
WB
Womble Bond Dickinson
Article
A Corn Odyssey: Questions About Force Majeure
A recent English court decision examined two critical aspects of force majeure clauses in commercial contracts: what constitutes an "unforeseeable" event and whether notice requirements operate as conditions precedent. The case arose from a grain shipment dispute involving a vessel stranded in the Black Sea during the Ukraine invasion, where the seller invoked force majeure after Russian inspectors halted vessel inspections.
United Kingdom Litigation
AO
A&O Shearman
Article
How The UK's New Right To Work Checks Could Affect Your Commercial Contracts
From 1 October 2026, businesses that subcontract the delivery of services or operate platforms matching workers with clients may need new terms in their commercial contracts, or risk losing their defence against illegal working penalties of up to £60,000 per worker. This comes from a major overhaul of the UK's right to work regime under the Border Security, Asylum and Immigration Act 2025, which extends liability well beyond the traditional employer-employee relationship.
United Kingdom Commercial
LS
Lewis Silkin
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