Commercial Contracts

Recent Articles

•  

  29.11.2023

  United Kingdom

  Do generally worded exclusion clauses cover repudiatory breaches?

  A recent decision of the Technology and Construction Court has decided that a broadly worded exclusion clause was sufficient to exclude liability for deliberate repudiatory breaches of contract. In reaching its decision, the Court considered conflicting caselaw as to the need for explicit language to exclude such serious breaches of contract. The Claimant has applied for permission to appeal, potentially allowing the Court of Appeal to provide clarity in this important area of the law.  An interpretive presumption against repudiatory breaches?The leading authorities on exclusion and limitation...

  Read more
•  

  24.11.2023

  International

  Carbon Border Adjustment Mechanism transition in effect since 1 October 2023

  On 1 October 2023, a two-year transitional period began for implementation of Regulation (EU) 2023/956, which introduces the Carbon Border Adjustment Mechanism (CBAM). CBAM levies punitive CO2 charges against third-country importers of certain goods and only permits CBAM declarants to import these goods into the EU. Although reporting obligations have been imposed for the two-year transition period, CBAM does not fully go into effect until 1 January 2026.A. General InformationFrom 1 January 2026, importers of specific goods from third countries will be required to pay punitive CO2 charges under...

  Read more
•  

  15.11.2023

  England and Wales

  Clear Exclusion of Liability Leads to Reverse Summary Judgment

  A recent High Court judgment provides clear guidance on contractual liability, particularly on exclusions of liability and the application of the Unfair Contract Terms Act 1977 (“UCTA”).The dispute related to car dealership management software, but the principles apply broadly to other commercial contracts. Pinewood Technologies PLC (“Pinewood”, a UK company) supplied the software to Pinewood Technologies Asia Pacific Limited (“PTAP”, an unrelated Hong Kong company). PTAP made a claim against Pinewood for loss of profits and wasted expenditure in the amount of...

  Read more
•  

  09.11.2023

  Europe

  CMS Life Sciences Vital Signs, Winter 2023

  2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed of.In the UK, beginning in January 2024, the UK will roll out a new International Recognition Procedure for medicines approved in trusted jurisdictions. There are also new public procurement rules on the horizon as the Procurement Bill has been progressing through the Houses of Parliament, with the aim to make the UK’s public procurement regime more efficient and transparent.In Europe,...

  Read more
•  

  26.10.2023

  Poland

  Polish law creates new rules on banking outsourcing

  In September 2023, Polish legislation amending the nation’s Banking Law and the rules on banking outsourcing came into force. These changes were introduced by the Act of 16 August 2023 amending certain acts with a view to ensuring the development of the financial market and the protection of investors in that market.The amendment underscores how banking outsourcing, situations where a bank outsources certain tasks related to banking activities (e.g. IT services, including cloud computing) to another undertaking (i.e. outsourcer), is becoming increasingly popular internationally, and...

  Read more
•  

  17.10.2023

  United Kingdom

  UK-US data bridge now live: What do you need to know?

  The UK-US data bridge (live from 12 October 2023) offers a new streamlined option for transfers of personal data from the UK to the US in the case of participating companies. This follows an assessment by the UK Secretary of State that the scheme offers an adequate level of data protection to enable transfers of personal data to active participants in the scheme.What does the UK-US data bridge offer?The UK-US data bridge offers another option for companies and other organisations subject to the UK General Data Protection Regulation that wish to transfer personal data to US companies participating...

  Read more