News & Analysis as of

United Kingdom Breach of Contract European Union

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

A&O Shearman on

The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

A&O Shearman

An interest-ing question: when is a default interest rate a penalty?

A&O Shearman on

The Court of Appeal has affirmed a three-step test for penalty clauses: (1) is it a secondary obligation; (2) does the clause protect a legitimate interest; and (3) is it extortionate by reference to the legitimate interest?...more

Hogan Lovells

Employment News: jurisdiction, constructive dismissal, whistleblowing

Hogan Lovells on

Home or away – hearing claims against international defendants - Two recent cases, one in the CJEU and one in the EAT, found that courts and tribunals in Great Britain had jurisdiction in principle to hear claims against...more

Dechert LLP

Not Everyone Finds Brexit Frustrating

Dechert LLP on

The English High Court has ruled that Brexit cannot be used as a reason to terminate a contract on the grounds of frustration. While the judgment concerned the effects of Brexit on a commercial lease, it reaches further than...more

White & Case LLP

Frustrated by Brexit? Too high a hurdle to overcome for the EMA

White & Case LLP on

One of the multitude of uncertainties currently facing commercial parties potentially affected by Brexit is the effect on their existing commercial contracts, specifically whether the new circumstances of Brexit provide a...more

White & Case LLP

"No deal" Brexit Plan of Action

White & Case LLP on

As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more

BCLP

EU Retail News - November 2017

BCLP on

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 7.7.16

Robins Kaplan LLP on

Disgraced Wall Street scion Andrew Casperson has pleaded guilty to federal wire and security fraud charges related to his Ponzi-like scheme in which he bilked nearly $40 million from friends and a private foundation....more

McDermott Will & Emery

Ruling on UK Executive’s Lawsuit Involving U.S.-Based Stock Option Plan

McDermott Will & Emery on

English executives employed by multinational companies often have a contract of employment with the company’s UK subsidiary, but may also participate in a separate bonus or share option plan that contains foreign (e.g., U.S.)...more

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