Lewis Silkin - Journal

Termination: the seller keeps all?

1^st March 2013, By James Levy in Construction, Dispute Resolution, Corporate

For almost 60 years the court has been asked to consider what happens to money already paid by way of instalments in relation to a contract if the contract is rescinded and the seller retains the property which is the subject matter of the contract? Read more
Exclusion clauses: A more restrictive approach?

22^nd February 2013, By James Levy in Dispute Resolution, Construction, Construction Disputes, Commercial, Commercial Litigation

While lawyers were all brought up on the principle of “freedom to contract”, there appears to be a growing trend that the Courts are today prepared to take a more restrictive approach when it comes to construing scope of an exclusion clause. The latest example of this can be found in the recent Court of Appeal case of Kudos Catering (UK) Limited –v- Manchester Central Convention Complex Limited [2013] EWCA Civ 38. Read more
What is a penalty clause? A contemporary view

8^th February 2013, By James Levy in Construction, Dispute Resolution

Some criticise the law for standing still, while society marches on. The law as to what is an unenforceable penalty clause was first set out almost 100 years ago in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC79. Read more

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