Contractual variations and promises to accept less:pragmatism in the Court of Appeal

Examines the Court of Appeal judgment in MWB Business Exchange Centres Ltd v Rock Advertising Ltd on whether a non-oral variation clause in a licence for the occupation of a commercial premises necessarily precluded an oral agreement to revise the licence fee payment schedule. Assesses whether the practical benefit obtained by the claimant from the change amounted to good consideration, notwithstanding the House of Lords ruling in Foakes v Beer

Negligence construction: does anything remain of Canada Steamship?

Assesses Persimmon Homes Ltd v Ove Arup and Partners Ltd and the courts’ approach to exclusion clauses purporting to exclude liability for negligence. Notes the more relaxed approach by the courts in this context and the departure from Canada Steamship Lines Ltd v King, The

Recession, changed circumstances, and renegotiations: the inadequacy of principle in English law

This article analyses and critiques English law’s response to the enforceability of renegotiations of terms of existing contracts in the light of dramatic changes in circumstances, such as an economic recession. The article exposes English law’s difficulties and inadequacies in developing clear principles governing renegotiations, and suggests possible solutions

Rectifying Rectification: The Subjective Approach to Rectification for Common Mistake

This article analyses the law of rectification for common mistake in the light of the decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd. It suggests that the court in FSHC was correct to prefer a subjective test for common continuing intention over the objective test that had been preferred by Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd in what is labelled the “no antecedent contract” situation. The article also considers the significance of the requirement of an “outward expression of accord” as a discrete element of an action for rectification and what this might mean in practical terms

“Reasonable Endeavours” Obligations in Force Majeure Clauses

This article considers, and welcomes, the decision of the Supreme Court in RTI Ltd v MUR Shipping BV that an obligation to exercise reasonable endeavours in a force majeure clause does not impose a requirement to accept an offer of non-contractual performance

Proprietary Estoppel and the Enforcement of Promises

Considers the possible development of the doctrine of proprietary estoppel in the context of the enforceability of non-contractual promises whose subject relates to promises other than rights in land. Focuses specifically on the decision in Motivate Publishing FZ LLC v Hello Ltd

Fundamental Aspects of Promise-Based Proprietary Estoppel: Cheung Lai Mui v Cheung Wai Shing

Comments on the Hong Kong Court of Final Appeal judgment in Cheung Lai Mui v Cheung Wai Shing on proprietary estoppel, land promised to family members, and work and expense undertaken in detrimental reliance on the asserted promise. Cases cited Cheung Lai Mui v Cheung Wai Shing [2021] HKCFA 19 (CFA (HK)) Thorner v Major [2009] UKHL 18; [2009] 1 W.L.R. 776; [2009] 3 WLUK 645 (HL