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No damages 4u: termination and claims for future loss of bargain

In Phones 4u Ltd (In Administration) v EE Ltd (2018), the High Court struck out EE's claim for £200 million in damages because of the wording of a letter terminating its distribution arrangements with Phones 4u. The letter was effective in terminating the relevant contract only in exercise of EE's right under a contractual provision allowing termination for insolvency - and not for alleged repudiatory breach by Phones 4u under common law.

Terms of a termination letter defeat claim for loss of bargain damages

In Phones 4U Ltd (In Administration) –v- EE Ltd [2018] EWHC 49 (Comm), the High Court ruled that EE's counterclaim for damages for loss of bargain had no real prospect of success on the basis that the terms of a termination letter sent by EE were effective in terminating the relevant contract only in exercise of its right under a contractual provision and not in the acceptance of an alleged repudiatory breach by Phones 4U under common law.

The yellow brick road to ware-housing everywhere

The Government and the Mayor of London have been at their most creative in finding space for new housing, both within and outside London. Some of the emerging policies and strategies certainly offer effective potential for increasing housing, but are not without their problems.

Shake-up of Corporate Governance Code - December 2017

As you will be aware, last week the FRC published its awaited proposals for a revised UK Corporate Governance Code: a "comprehensive review to ensure that the Code remains fit for purpose". This is the biggest shake-up of the Code in recent years, and the changes will affect all companies on the premium segment of the Official List and others who voluntarily agreed to comply with the Code.

The devil is in paragraph 3.2.2.2 (ii): contracts and inconsistency

What if the main body of a contract appears to say one thing, but the detailed wording of a technical schedule appears to be at odds with that? You might have thought that the main body of the contract would take precedence – but a recent Supreme Court ruling suggests otherwise.

Success for Minority Shareholder in Football Unfair Prejudice Petition

In VB Football Assets -v- Blackpool Football Club (Properties) Limited (formerly Segesta Limited) & Others [2017] EWHC 2767 (Ch), the High Court ordered that the majority shareholder of Blackpool Football Club Limited (Blackpool FC) purchase the minority shareholder's entire interest in the company, following the minority shareholder's successful petition alleging unfair prejudice.

Franses v Cavendish: landlord's works, renewal leases and Ground (f)

The decision in Franses v the Cavendish Hotel [2017] EWHC 1670 has attracted a lot of concern as to whether a landlord's motive is relevant to its ability to utilise section 30(1)(f) ("Ground (f)") of the Landlord and Tenant Act 1954 (the "LTA 1954"). Tenants and their representatives are concerned that Ground (f) is being used openly to defeat the purpose of the LTA: 1954 to protect tenants' business tenancies.

Investment in the pipeline: Combined Heat and Power Plants

The provision of heating from combined heat and power ("CHP") plants through a network of underground and internal heating pipelines has become a fairly common aspect of the utilities infrastructure in modern residential and mixed-use development schemes. They are also an increasingly popular investment asset class in their own right, attracting a diverse range of investors into the infrastructure sector.

Exclusivity: some do's and don'ts

All too often, businesses believe that they have secured a valuable commitment to exclusivity – only to discover that, when they come to enforce it, the relevant contractual provisions aren't watertight. In this briefing, we look at how to avoid the most common pitfalls and ensure that your exclusivity provisions achieve your commercial objectives.

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