Considering Contract Termination Under English Common Law

By John Laird (August 22, 2018, 4:03 PM EDT) -- The judgment of Justice Jonathan Baker early in 2018 in Phones 4U Limited (in administration) v. EE Limited[1] has invited a reminder of the care with which contracting parties should consider their rights when their English law contracts appear to be failing.

Here, we consider how Phones 4U has fit into the developing position of English common law regarding the rights and circumstances claimants and defendants may deploy at trial. The review is in three parts:

First, how claimants can pursue their rights depending on how they have sought to terminate a contract, and the nexus between the termination and rights...

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