News & publications

9 August, 2017 A good faith goodbye? Good faith obligations and contractual termination rights [2017] LCMLQ 360

This article considers how far obligations which control the exercise of contractual discretions (“discretion obligations”) should apply to clauses giving a right to terminate a contract. It considers the particular contexts in which discretion obligations have been recognised, and argues that these fall broadly into four categories, none of which engage rights of termination. The […]

28 July, 2017 David Foxton QC: “Foreign Law in Domestic Courts” This article by David Foxton QC reviews the rules governing the ascertainment of foreign law in domestic proceedings. The competing approaches to ascertaining foreign law are reviewed: the traditional approach of proof by expert evidence; the alternative of referral to the foreign court on an ad hoc basis or pursuant to bilateral or multilateral conventions; […]