Carewatch Care Services Ltd v Focus Caring Services Ltd & ors [2014] EWHC 2313 (Ch)

Negotiation: Cards on the table

Simon Lewis examines the duty of good faith in commercial contracts ‘The implication of a general duty of good faith is unlikely to arise where the contract under consideration is detailed, leaving relatively little scope or need for the implication of terms not already covered by existing contractual obligations.’English contract law does not like the …

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Chapter I Of The Competition Act 1998: Object and effect

Andrew Francis considers the EUCJ decision in Groupement des cartes bancaires and its relevance to land agreements within Chapter I of the 1998 Act and Art 101 of the TFEU ‘This decision will force the Commission (and the CMA when concerned) to alter its policy of treating agreements as violating Art 101 by virtue of …

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Competition Law: Restrictive covenants considered

Will restrictive covenants pass the tests under Chapter 1 of the Competition Act 1998? Andrew Francis outlines a recent case ‘The relevant issue for the purposes of this article is whether the covenants infringed s2 of the 1998 Act, and if so whether there was any defence to that infringement.’Hot on the heels of the …

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