July/August 2016 #31 – Page 2

Compliance: Quis custodiet ipsos custodes?

Crispin Rapinet and Khushaal Ved examine the here and now of enhanced UK efforts to make anti-bribery and corruption compliance the norm ‘Compliance policies may appear as a headache, but the consequences of failing to comply can lead to multimillion-pound fines, criminal convictions, a plummeting share price and potentially irreversible reputational damage.’Anti-bribery and corruption efforts …

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Damages: Of little consequence

Jeremy Farr and Shawn Kirby discuss the interpretation of a consequential loss clause ‘The correct starting point of interpretation of the clause was with the natural and ordinary meaning of the language chosen by the parties to give effect to their intent.’ In a decision with potentially far-reaching implications for commercial parties generally and the …

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Contract: Word of mouth

Craig Bennett considers a recent Court of Appeal decision on the oral variation of contracts ‘The Court of Appeal has stated that, where a contract contains a provision which prohibits oral variations and only permits variations when they are in writing, this can be overridden if the parties so wish.’Many contracts, including PFI project agreements, …

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