Contract law – formation, exclusions and boilerplate

Recorded on: 18/10/2021

Contract law continues to give rise to a wide range of disputes between contracting parties. This webinar considers a number of recent cases and suggests a series of practical steps to be taken in response to the issues raised.

Topics will include:

Contract formation

  • Joanne Properties Ltd v Moneything Capital [2020] EWCA Civ 1541 – ‘subject to contract’ pitfalls to watch out for
  • TRW v Panasonic [2021] EWHC 19 (TCC)battle of the forms – can a party ensure that its terms and conditions take priority over subsequent terms and conditions?

Exclusion clauses

  • Phoenix Interior Design v Henley [2021] EWHC 1573 (QB) – incorporation and reasonableness
  • Mott Macdonald v Trant Engineering [2021] EWHC 754 (TCC) – can a clause exclude liability for deliberate and intentional breaches?

Consent clauses

  • Apache North Sea v INEOS [2020] EWHC 2081 (Comm) – when can consent be reasonably withheld?

Notice clauses

  • Dodika v United Luck [2021] EWCA Civ 638 – what is a ‘reasonable level of detail’?
  • Towergate Financial v Hopkinson [2020] EWHC 984 – interpretation of single v double conditions re time limits


  • P14 Medical v Edward Mahon [2020] EWHC 1823 (QB) – when will the courts apply the blue pencil test?


  • Kabab-Ji v Kout Food Group [2020] EWCA Civ 6can a party rely on estoppel if their variation is invalid?


Watch a two minute preview of the webinar


Members:  £115.00

Non members:  £159.00

Sole practitioner:  £80.00

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