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The Case for Good Faith in English Contract Law

English contract law rests on the assumption that parties are free to contract as they please. This assumption has been qualified by the imposition of ‘implied terms’, one of which is the requirement of good faith. What is good faith, when does it apply and should the implied term be extended?

12:00, 1st March 2016
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The problem with foreign currency loans

The last ten years has seen a rise in mortgages facilitated by a foreign currency loan (FCL) in Eastern Europe, whereby consumers take out mortgages in a stable currency for peace of mind. However, in some cases they are having to pay double back. What did the European Court think of this practice?

12:00, 26th February 2016
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Penalty Clauses: A Fresh Approach

The penalty rule has for a long time taken a stern approach as to whether or not contractual provisions requiring a particular sum to be paid upon breach are enforceable. After 100 years, the status quo has been broken by the Supreme Court, introducing a fresh, more flexible, approach.

12:00, 16th February 2016
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Copycat Packaging: Brand Infringement and Brand Protection

The Department for Business, Innovation and Skills commissioned a report with the objective to review the effects of copycat packaging and, in particular, to examine the problems which arise when brand owners are forced to rely on the current enforcement methods. Was the conclusion satisfactory?

12:00, 10th February 2016
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A 21st Century ‘Postal Rule’: Can Contract Law Deliver?

Instant communication services are taking over as the primary means by which people communicate. Contractual negotiations are – like many other interactions – being increasingly conducted online or over the phone, and the postal service is being consequently neglected. Does it still make sense?

12:00, 1st February 2016
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Open Justice: The soul of our legal system

Open justice is an essential element of the English justice system. Court proceedings should, as a general rule, be open to the public either in person or by way of published judgment. However, a recent commercial decision has show how private proceedings can be reconciled with the principle.

12:00, 6th January 2016
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Legal Professional Privilege and the Snooper's Charter

Legal Professional Privilege has been a vital principle in common law since 1577. It underpins justice; Lord Bingham once said that without it "everyone would be thrown upon his own legal resources". However the draft Investigatory Powers Bill threatens to undermine this important principle.

12:00, 30th December 2015
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Anne Frank’s Diary: The End for Kitty’s Copyright?

Anne Frank’s diary, Kitty as she called it, has developed an immediate and intrinsic association with the atrocities committed by the Nazis during the Second World War. A number of publishers hold that the copyright discontinues at the end of this year. Hypothetically, would it under English law?

12:00, 15th December 2015
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The Worst Decision Ever? Examining The Golden Victory

Damages in contract law are understood to remedy the non-breaching party's expectation interests. Consequently, and for certainty, the general rule is that damages should be assessed at the date of breach. However, The Golden Victory, and more recently, Bunge SA v Nidera BV, have provided exception.

12:00, 9th December 2015
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Weathering Rough Waters: Navigating the Concept of Unsafe Ports

The question of port safety is historically one which has warranted extensive legal analysis. In modern times, most charterparties will include an express 'safe port warranty', requiring the charterer to nominate only safe ports. However, when can a port be considered unsafe under such a warranty?

12:00, 4th December 2015
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The Impact of the CRA on Financial Services

The CRA 2015 is one of the most significant pieces of UK contract legislation since the Unfair Contract Terms Act 1977. It seeks to reform and consolidate consumer law and also implements numerous directives. However, it has the potential to have significant impact on financial service providers.

12:20, 11th November 2015
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Unproductible! Losing Clarity In The Law of Product Liability

A recent European Union case has the potential to greatly increase producers' liability for defective products by awarding damages without it being proven that the actual product was defective. Instead, it only had to be shown the production series had a significantly increased risk of failure.

12:00, 4th November 2015
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Chelsea leaves Carneiro in the blues: the legal position

On 22 September 2015 Eva Carneiro, the Chelsea FC first-team doctor, made the decision to leave the football club six weeks after a very public demotion and criticism from manager Jose Mourinho for treating a player on the pitch. Could Carneiro have a constructive dismissal claim against the club?

11:00, 15th October 2015
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The Ashley Madison Scandal: It’s About More Than Infidelity

The recent hacking of alternative dating site Ashley Madison caused thousands of users’ details to be spread across the internet, causing quite a scandal. This has exposed, or reiterated, depending on your perspective, the issue of internet privacy and its vulnerability to attack and manipulation.

11:00, 14th October 2015
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To Infinity and Beyond: Legislating for the Peaceful Use of Outer Space

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