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Contract issues

Tyson International Company Ltd v Partner Reinsurance Europe SE

Issue 287 - May 2024

Had the second contract superceded the first? Or in the words of the Court of Appeal: had the parties begun “by playing cricket but then switched to baseball?”

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South East Water Ltd v Elster Water Metering Ltd

Issue 286 - April 2024

What do you need to do to show that a term is unreasonable under the Unfair Contract Terms Act (UCTA)?

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FES Ltd v HFD Construction Group Ltd

Issue 285 - March 2024

Was the giving of a notice a condition precedent for recovering loss and expense? Decision affirmed on appeal. See Issue 293 [5].

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CLS Civil Engineering Ltd v WJG Evans and Sons

Issue 285 - March 2024

Was the agreement between the parties covered by a letter of intent or JCT contract? And was there a cost cap?

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Aston Risk Management Ltd v Jones & Ors

Issue 285 - March 2024

Had the provision of an initial advice, compromised the expert’s independence?

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Links
[1] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/tyson-partner-reinsurance [2] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_287.pdf [3] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/south-east-water-elster-water-metering [4] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_286.pdf [5] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/fes-hfd [6] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/fes-hfd-construction [7] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_285.pdf [8] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/cls-civil-engineering-wjg-evans-sons [9] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/aston-risk-management-jones-others [10] https://www.fenwickelliott.com/print/research-insight/newsletters/dispatch/contract-issues?page=5