Richard Butler
@lawric.bsky.social
Solicitor (non-practising), Honorary Professor, teacher of legal skills and dispute resolution procedure in the UK, the USA and mainland Europe. Also a Licensed Lay Minister in the Church of England - [email protected]
Well. Err.... Yesterday, actually.
The Hague Judgments Convention 2019 enters into force in the UK today. www.hcch.net/en/instrumen...
HCCH | Judgments Section
Hague Conference on Private International Law - The World Organisation for Cross-border Co-operation in Civil and Commercial Matters
www.hcch.net
July 2, 2025 at 6:17 AM
Well. Err.... Yesterday, actually.
The Hague Judgments Convention 2019 enters into force in the UK today. www.hcch.net/en/instrumen...
HCCH | Judgments Section
Hague Conference on Private International Law - The World Organisation for Cross-border Co-operation in Civil and Commercial Matters
www.hcch.net
July 2, 2025 at 6:15 AM
The Hague Judgments Convention 2019 enters into force in the UK today. www.hcch.net/en/instrumen...
Rereading Friedrich Glasl's wonderful book Confronting Conflict. Full of perceptive reflections on attitudes being played out on the world stage at the moment.
April 3, 2025 at 11:25 AM
Rereading Friedrich Glasl's wonderful book Confronting Conflict. Full of perceptive reflections on attitudes being played out on the world stage at the moment.
www.theguardian.com/uk-news/2025... But now for the important legal news
Man who stole 325 Creme Eggs banned from Cambridgeshire for three months
Deon De Groot, 26, was spotted stuffing eggs worth £220.50 into a duffel bag at a Tesco Express in Peterborough
www.theguardian.com
March 27, 2025 at 12:35 PM
www.theguardian.com/uk-news/2025... But now for the important legal news
Public law sample examination questions for free - as pointed out by @joshuarozenberg.bsky.social the House of Lords Constitution Committee has published a set of questions straight out of an exam paper.
https://committees.parliament.uk/call-for-evidence/3614/?utm_source=substack&utm_medium=email
committees.parliament.uk
March 12, 2025 at 7:25 AM
Public law sample examination questions for free - as pointed out by @joshuarozenberg.bsky.social the House of Lords Constitution Committee has published a set of questions straight out of an exam paper.
WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 (Comm)
https://buff.ly/3X2FjGZ
A series of transactions between different parties was capable of amounting to “a transaction” for the purposes of the agreement.
https://buff.ly/3X2FjGZ
A series of transactions between different parties was capable of amounting to “a transaction” for the purposes of the agreement.
WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 (Comm)
buff.ly
February 15, 2025 at 8:42 AM
WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 (Comm)
https://buff.ly/3X2FjGZ
A series of transactions between different parties was capable of amounting to “a transaction” for the purposes of the agreement.
https://buff.ly/3X2FjGZ
A series of transactions between different parties was capable of amounting to “a transaction” for the purposes of the agreement.
Hughes v CCS Computer Sciences Ltd [2025] EWHC 302 (Comm)
https://buff.ly/42X3UAJ
Formal method of service applying to any notice "or other communication under or in connection with [the SPA]" applied as much to material which only needed to be “notified” as to formal documents.
https://buff.ly/42X3UAJ
Formal method of service applying to any notice "or other communication under or in connection with [the SPA]" applied as much to material which only needed to be “notified” as to formal documents.
Hughes v CCS Computer Sciences Ltd [2025] EWHC 302 (Comm)
buff.ly
February 14, 2025 at 4:42 PM
Hughes v CCS Computer Sciences Ltd [2025] EWHC 302 (Comm)
https://buff.ly/42X3UAJ
Formal method of service applying to any notice "or other communication under or in connection with [the SPA]" applied as much to material which only needed to be “notified” as to formal documents.
https://buff.ly/42X3UAJ
Formal method of service applying to any notice "or other communication under or in connection with [the SPA]" applied as much to material which only needed to be “notified” as to formal documents.
My New York Times subscription had risen to £10 a month, which I decided is too much. So I went through the cancel process on the app. At the final stage, I was re-offered the introductory rate of £2.50 a month for a year to stay on! I declined, but you might want to opt in?
February 14, 2025 at 10:46 AM
My New York Times subscription had risen to £10 a month, which I decided is too much. So I went through the cancel process on the app. At the final stage, I was re-offered the introductory rate of £2.50 a month for a year to stay on! I declined, but you might want to opt in?
Patarkatsishvili v Woodward-Fisher [2025] EWHC 265 (Ch)
https://buff.ly/4hVMIjp
Misrepresentation – Pre-contract statement that seller not aware of vermin infestation in property. Untrue given seller’s knowledge of moth infestation.
https://buff.ly/4hVMIjp
Misrepresentation – Pre-contract statement that seller not aware of vermin infestation in property. Untrue given seller’s knowledge of moth infestation.
Patarkatsishvili & Anor v Woodward-Fisher [2025] EWHC 265 (Ch)
buff.ly
February 13, 2025 at 4:37 PM
Patarkatsishvili v Woodward-Fisher [2025] EWHC 265 (Ch)
https://buff.ly/4hVMIjp
Misrepresentation – Pre-contract statement that seller not aware of vermin infestation in property. Untrue given seller’s knowledge of moth infestation.
https://buff.ly/4hVMIjp
Misrepresentation – Pre-contract statement that seller not aware of vermin infestation in property. Untrue given seller’s knowledge of moth infestation.
Maloney v Falcon VII Investment SARL [2025] EWHC 240 (Comm)
https://buff.ly/4gIHc2C
The Term Sheet would be admissible to shed light on the general genesis, aim and purpose of the SHA, but not as evidence of the interpretation of the clause in issue.
https://buff.ly/4gIHc2C
The Term Sheet would be admissible to shed light on the general genesis, aim and purpose of the SHA, but not as evidence of the interpretation of the clause in issue.
Maloney v Falcon VII Investment SARL [2025] EWHC 240 (Comm)
buff.ly
February 12, 2025 at 4:37 PM
Maloney v Falcon VII Investment SARL [2025] EWHC 240 (Comm)
https://buff.ly/4gIHc2C
The Term Sheet would be admissible to shed light on the general genesis, aim and purpose of the SHA, but not as evidence of the interpretation of the clause in issue.
https://buff.ly/4gIHc2C
The Term Sheet would be admissible to shed light on the general genesis, aim and purpose of the SHA, but not as evidence of the interpretation of the clause in issue.
Abudantia BV v Fastron Ltd [2025] EWHC 234 (Comm)
https://buff.ly/3WWjIAd
Linked agreements not properly aligned. Held that lawful termination or expiry of one did not entail a breach of the other.
https://buff.ly/3WWjIAd
Linked agreements not properly aligned. Held that lawful termination or expiry of one did not entail a breach of the other.
Abudantia BV v Fastron Ltd [2025] EWHC 234 (Comm)
buff.ly
February 12, 2025 at 8:42 AM
Abudantia BV v Fastron Ltd [2025] EWHC 234 (Comm)
https://buff.ly/3WWjIAd
Linked agreements not properly aligned. Held that lawful termination or expiry of one did not entail a breach of the other.
https://buff.ly/3WWjIAd
Linked agreements not properly aligned. Held that lawful termination or expiry of one did not entail a breach of the other.
Mare Nova Incorporated v Zhangjiagang Jiushun Ship Engineering Co Ltd [2025] EWHC 223 (Comm)
https://buff.ly/4gRNT2F
Clear words are required to rebut the presumption that no party to the contract intended to abandon the rights and remedies that would otherwise arise by operation of law.
https://buff.ly/4gRNT2F
Clear words are required to rebut the presumption that no party to the contract intended to abandon the rights and remedies that would otherwise arise by operation of law.
Mare Nova Incorporated v Zhangjiagang Jiushun Ship Engineering Co Ltd [2025] EWHC 223 (Comm)
buff.ly
February 11, 2025 at 4:37 PM
Mare Nova Incorporated v Zhangjiagang Jiushun Ship Engineering Co Ltd [2025] EWHC 223 (Comm)
https://buff.ly/4gRNT2F
Clear words are required to rebut the presumption that no party to the contract intended to abandon the rights and remedies that would otherwise arise by operation of law.
https://buff.ly/4gRNT2F
Clear words are required to rebut the presumption that no party to the contract intended to abandon the rights and remedies that would otherwise arise by operation of law.
AMNS Middle East FZE v LIQS PTE Ltd [2025] EWHC 150 (Comm)
https://buff.ly/40Pmx77
Restitution for unjust enrichment awarded in absence of defendant. Claimant required to establish each Banque Financière de la Cite SA v. Parc (Battersea) Ltd element.
https://buff.ly/40Pmx77
Restitution for unjust enrichment awarded in absence of defendant. Claimant required to establish each Banque Financière de la Cite SA v. Parc (Battersea) Ltd element.
AMNS Middle East FZE v LIQS PTE Ltd [2025] EWHC 150 (Comm)
buff.ly
February 8, 2025 at 4:37 PM
AMNS Middle East FZE v LIQS PTE Ltd [2025] EWHC 150 (Comm)
https://buff.ly/40Pmx77
Restitution for unjust enrichment awarded in absence of defendant. Claimant required to establish each Banque Financière de la Cite SA v. Parc (Battersea) Ltd element.
https://buff.ly/40Pmx77
Restitution for unjust enrichment awarded in absence of defendant. Claimant required to establish each Banque Financière de la Cite SA v. Parc (Battersea) Ltd element.
Macdonald Hotels Ltd v Bank of Scotland PLC (Rev1) [2025] EWHC 32 (Comm)
https://buff.ly/4htIuzC
In the settlement agreement in question, on the objective principle settlement of any “claim or complaint of whatever nature” meant any cause of action.
https://buff.ly/4htIuzC
In the settlement agreement in question, on the objective principle settlement of any “claim or complaint of whatever nature” meant any cause of action.
Macdonald Hotels Ltd v Bank of Scotland PLC (Rev1) [2025] EWHC 32 (Comm)
buff.ly
February 8, 2025 at 8:42 AM
Macdonald Hotels Ltd v Bank of Scotland PLC (Rev1) [2025] EWHC 32 (Comm)
https://buff.ly/4htIuzC
In the settlement agreement in question, on the objective principle settlement of any “claim or complaint of whatever nature” meant any cause of action.
https://buff.ly/4htIuzC
In the settlement agreement in question, on the objective principle settlement of any “claim or complaint of whatever nature” meant any cause of action.
Port of Sheerness Ltd v Swire Shipping PTE Ltd [2025] EWHC 7 (Admiralty)
https://buff.ly/3WRkxu5
“For the sake of clarity, additional charges will apply in certain circumstances” in a quotation did not confer a unilateral right to add charges.
https://buff.ly/3WRkxu5
“For the sake of clarity, additional charges will apply in certain circumstances” in a quotation did not confer a unilateral right to add charges.
Port of Sheerness Ltd v Swire Shipping PTE Ltd [2025] EWHC 7 (Admiralty)
buff.ly
February 7, 2025 at 4:37 PM
Port of Sheerness Ltd v Swire Shipping PTE Ltd [2025] EWHC 7 (Admiralty)
https://buff.ly/3WRkxu5
“For the sake of clarity, additional charges will apply in certain circumstances” in a quotation did not confer a unilateral right to add charges.
https://buff.ly/3WRkxu5
“For the sake of clarity, additional charges will apply in certain circumstances” in a quotation did not confer a unilateral right to add charges.
JP Morgan International Finance Ltd v WeRealize .com Ltd [2025] EWCA Civ 57
https://buff.ly/3CHN8uK
Window for option to buy shares. If not “exercised” later windows available. Held: “exercised” meant notice served, not that a contract resulted. So a “one-shot” opportunity.
https://buff.ly/3CHN8uK
Window for option to buy shares. If not “exercised” later windows available. Held: “exercised” meant notice served, not that a contract resulted. So a “one-shot” opportunity.
JP Morgan International Finance Ltd v WeRealize.com Ltd [2025] EWCA Civ 57
buff.ly
February 7, 2025 at 11:35 AM
JP Morgan International Finance Ltd v WeRealize .com Ltd [2025] EWCA Civ 57
https://buff.ly/3CHN8uK
Window for option to buy shares. If not “exercised” later windows available. Held: “exercised” meant notice served, not that a contract resulted. So a “one-shot” opportunity.
https://buff.ly/3CHN8uK
Window for option to buy shares. If not “exercised” later windows available. Held: “exercised” meant notice served, not that a contract resulted. So a “one-shot” opportunity.
If you are enjoying Copilot on your Microsoft apps, that's good. But your next Microsoft 365 subscription will be higher. If you'd prefer to do without it in exchange for a lower sub, you can downgrade to Microsoft 365 Personal or Microsoft 365 Family Classic. https://support.microsoft.com/en-gb/of…
Switching to Microsoft 365 Personal and Family Classic Plans - Microsoft Support
Learn how to switch to a Microsoft 365 subscription plan without AI features, which include Microsoft 365 Basic, Microsoft 365 Personal Classic and Microsoft 365 Family Classic.
support.microsoft.com
February 2, 2025 at 4:37 PM
If you are enjoying Copilot on your Microsoft apps, that's good. But your next Microsoft 365 subscription will be higher. If you'd prefer to do without it in exchange for a lower sub, you can downgrade to Microsoft 365 Personal or Microsoft 365 Family Classic. https://support.microsoft.com/en-gb/of…
Salem v Salem [2024] EWHC 3311 (Ch)
https://buff.ly/4hm2rbF
Settlement agreement clause requiring reasonable endeavours to agree an expert determination process held unenforceable as an agreement to agree.
https://buff.ly/4hm2rbF
Settlement agreement clause requiring reasonable endeavours to agree an expert determination process held unenforceable as an agreement to agree.
Bailii
Salem v Salem
buff.ly
January 30, 2025 at 4:37 PM
Salem v Salem [2024] EWHC 3311 (Ch)
https://buff.ly/4hm2rbF
Settlement agreement clause requiring reasonable endeavours to agree an expert determination process held unenforceable as an agreement to agree.
https://buff.ly/4hm2rbF
Settlement agreement clause requiring reasonable endeavours to agree an expert determination process held unenforceable as an agreement to agree.
Topalsson GmbH v Rolls-Royce Motor Cars Limited [2024] EWCA Civ 1330
https://buff.ly/3CixndH
Contract interpreted as requiring both the claim and the counterclaim to be subjected to the liability cap before one claim was set-off against the other. Interest was outside the cap.
https://buff.ly/3CixndH
Contract interpreted as requiring both the claim and the counterclaim to be subjected to the liability cap before one claim was set-off against the other. Interest was outside the cap.
Bailii
Topalsson GmbH
buff.ly
January 27, 2025 at 8:42 AM
Topalsson GmbH v Rolls-Royce Motor Cars Limited [2024] EWCA Civ 1330
https://buff.ly/3CixndH
Contract interpreted as requiring both the claim and the counterclaim to be subjected to the liability cap before one claim was set-off against the other. Interest was outside the cap.
https://buff.ly/3CixndH
Contract interpreted as requiring both the claim and the counterclaim to be subjected to the liability cap before one claim was set-off against the other. Interest was outside the cap.
SATA Internaçional - Azores Airlines SA v Hi Fly Limited [2024] EWHC 2762 (Comm)
https://buff.ly/40Juaxc
Interesting discussion (at para 148) of the state of knowledge of one party’s mistake required for rectification of a contract where there are multiple parties to the contract.
https://buff.ly/40Juaxc
Interesting discussion (at para 148) of the state of knowledge of one party’s mistake required for rectification of a contract where there are multiple parties to the contract.
Bailii
SATA Internaçional
buff.ly
January 26, 2025 at 4:37 PM
SATA Internaçional - Azores Airlines SA v Hi Fly Limited [2024] EWHC 2762 (Comm)
https://buff.ly/40Juaxc
Interesting discussion (at para 148) of the state of knowledge of one party’s mistake required for rectification of a contract where there are multiple parties to the contract.
https://buff.ly/40Juaxc
Interesting discussion (at para 148) of the state of knowledge of one party’s mistake required for rectification of a contract where there are multiple parties to the contract.
R (on the application of Cobalt Data Centre 2 LLP) v Commissioners for HMRC [2024] UKSC 40; [2024] 1 WLR 5213
https://buff.ly/3WtEBlS
Whether a change to a contract is a variation or a new contract is a matter of objective intention, not whether the change goes to the root of the contract.
https://buff.ly/3WtEBlS
Whether a change to a contract is a variation or a new contract is a matter of objective intention, not whether the change goes to the root of the contract.
Cobalt Data Centre 2 LLP & Anor, R. (on the application of) v Revenue and Customs [2024] UKSC 40
buff.ly
January 26, 2025 at 8:42 AM
R (on the application of Cobalt Data Centre 2 LLP) v Commissioners for HMRC [2024] UKSC 40; [2024] 1 WLR 5213
https://buff.ly/3WtEBlS
Whether a change to a contract is a variation or a new contract is a matter of objective intention, not whether the change goes to the root of the contract.
https://buff.ly/3WtEBlS
Whether a change to a contract is a variation or a new contract is a matter of objective intention, not whether the change goes to the root of the contract.
Ure Energy Limited v Notting Hill Genesis [2024] EWHC 2537 (Comm)
https://buff.ly/40PGzP5
No waiver of right to terminate on breach unless innocent party has actual knowledge of legal right or “Nelsonian blindness”.
https://buff.ly/40PGzP5
No waiver of right to terminate on breach unless innocent party has actual knowledge of legal right or “Nelsonian blindness”.
Bailii
URE Energy
buff.ly
January 25, 2025 at 4:37 PM
Ure Energy Limited v Notting Hill Genesis [2024] EWHC 2537 (Comm)
https://buff.ly/40PGzP5
No waiver of right to terminate on breach unless innocent party has actual knowledge of legal right or “Nelsonian blindness”.
https://buff.ly/40PGzP5
No waiver of right to terminate on breach unless innocent party has actual knowledge of legal right or “Nelsonian blindness”.
Coinfloor Limited (in members' voluntary liquidation), Re [2024] EWHC 2767 (Ch)
https://buff.ly/4jFpTSW
Novation of customer contracts should be inferred where necessary “to give business efficacy to what actually happened”.
https://buff.ly/4jFpTSW
Novation of customer contracts should be inferred where necessary “to give business efficacy to what actually happened”.
Case on Bailii
Coinfloor Limited
buff.ly
January 25, 2025 at 8:42 AM
Coinfloor Limited (in members' voluntary liquidation), Re [2024] EWHC 2767 (Ch)
https://buff.ly/4jFpTSW
Novation of customer contracts should be inferred where necessary “to give business efficacy to what actually happened”.
https://buff.ly/4jFpTSW
Novation of customer contracts should be inferred where necessary “to give business efficacy to what actually happened”.
JMW Solicitors LLP v Injury Lawyers 4U Limited [2024] EWHC 3103 (Ch)
https://buff.ly/40rDZ1i
Established principles used to interpret an entire agreement clause, with the effect that a party could not rely on an earlier agreement.
https://buff.ly/40rDZ1i
Established principles used to interpret an entire agreement clause, with the effect that a party could not rely on an earlier agreement.
Bailii
JMW Solicitors
buff.ly
January 24, 2025 at 4:37 PM
JMW Solicitors LLP v Injury Lawyers 4U Limited [2024] EWHC 3103 (Ch)
https://buff.ly/40rDZ1i
Established principles used to interpret an entire agreement clause, with the effect that a party could not rely on an earlier agreement.
https://buff.ly/40rDZ1i
Established principles used to interpret an entire agreement clause, with the effect that a party could not rely on an earlier agreement.
Kigen (UK) Limited v NOR Capital Limited [2024] EWHC 3164 (Ch)
https://buff.ly/4awCIdP
Iterative process of interpretation used to construe a payment clause, applying established principles.
https://buff.ly/4awCIdP
Iterative process of interpretation used to construe a payment clause, applying established principles.
[New search] [Printable PDF version] [Help] …
[New search] [Printable PDF version] [Help] Neutral Citation Number: [2024] EWHC 3164 (Ch) Case No: BL-2023-001697 IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND…
buff.ly
January 24, 2025 at 8:42 AM
Kigen (UK) Limited v NOR Capital Limited [2024] EWHC 3164 (Ch)
https://buff.ly/4awCIdP
Iterative process of interpretation used to construe a payment clause, applying established principles.
https://buff.ly/4awCIdP
Iterative process of interpretation used to construe a payment clause, applying established principles.