Commercial - contrats

eAlerts Récentes

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  15/04/2024

  England and Wales

  Marks and Spencer secures quashing of Secretary of State’s decision to refuse planning permission

  The recent judgment of the High Court in Marks & Spencer Plc v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 452 (Admin) has received a lot of attention given its implications for the repurposing and reuse of existing buildings. The case concerned proposals by Marks & Spencer (“M&S”) to demolish their existing store on Oxford Street, London and to replace it with a nine-storey mixed use office and retail store, including a restaurant and a gym.The case was brought by M&S against the Secretary of State (“SoS”) following his decision...

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  21/03/2024

  United Kingdom

  Proposed UK consumer legislation now clamps down on drip pricing and fake reviews

  The draft Digital Markets, Competition and Consumers Bill (the “DMCC Bill”) has recently been amended (on 13 March 2024) following the Report stage in the House of Lords to include measures that prohibit drip pricing and address fake and misleading reviews. The 3rd reading in the House of Lords will take place from 26 March 2024. The updated DMCC Bill now includes prohibitions on drip pricing, a practice that involves adding unavoidable hidden fees to the advertised price of a product or service. As the Government notes, drip pricing can mean consumers are ‘baited’...

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  05/03/2024

  Middle East

  CMS guide on the new KSA Civil Code – Fourth Edition - Commercial Contracts

  Further to our recent introductory articles on the general principles of contract law available here); construction law (available here) and corporate transactions (available here); we have continued with our assessment of Royal Decree No. M/191 (the “Civil Code”), this time focusing on those chapters applicable to the technology and media sector.Set out below is a summary overview of the key provisions of the Civil Code relevant to commercial contracts in general terms, across various sectors which are supported by CMS including technology and media. Elements of ContractThe Civil...

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  02/02/2024

  United Kingdom

  TCC upholds exclusion of liability for fraudulent breaches of contract

  A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself. The Court also concluded that the clause satisfied the reasonableness requirement under the Unfair Contract Terms Act 1977 which applies where commercial parties contract on standard terms. The Court’s findings have significant implications for the negotiation and drafting of exclusion and limitation clauses in commercial contracts generally.Excluding liability for fraud or wilful misconductGenerally...

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  24/01/2024

  England and Wales

  Research Misconduct: Limitation Clauses Effective for Fraud

  A recent case has important implications for universities undertaking research under contract. The High Court held that parties are able to rely on contractual exclusions or limitations of liability even where an employee breaches that contract through fraud. Further, the High Court found that the publication of an academic journal article fell under the contracted services with the consequence that failure to take all reasonable care to ensure its accuracy resulted in a breach of contract.In Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC),...

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  12/01/2024

  Pologne

  Polish ‘Spatial Planning’ amendment facilitates cooperation between business and local authorities

  GB PL

  In July 2023, the Polish parliament enacted an amendment to the Spatial Planning and Development Act, which has introduced large-scale use of the Integrated Investment Plan (IIP), an alternative planning tool that has the potential to reshape cooperation between business and local authorities.Characteristics of the new planning toolThe IIP has been designed as a flexible tool for locating and implementing investments, and maintaining compliance with the general plan (the general plan now replaces the existing studies of spatial development conditions and directions). The IIP is a formalised platform...

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