11 February, 2020
For those drafting or dealing with contracts governed by English law, the attached briefing looks at the lessons to be learnt from English law contract cases from 2019.
The briefing covers cases dealing with formation and certainty of terms, interpretation and implied terms, good faith, severance, loss and remedies, penalties, force majeure, notice provisions, third party rights, and execution. In each case we give a brief summary of the facts and the court’s decision together with some practical tips. It also contains brief sections on the impact of Brexit on contracts and the discontinuance of Libor.
Parties involved in cross-border transactions where contracts are governed by English law will hopefully find this briefing useful. Given that the Hong Kong courts take into account legal developments in other common law jurisdictions including England, the cases discussed in this briefing may also provide a useful insight into future judicial interpretation in Hong Kong.
The full briefing is available here
For further information, please contact:
Gareth Thomas, Partner, Herbert Smith Freehills
gareth.thomas@hsf.com
