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Legal Update

The art of termination: how to protect your right to common law damages

2 February 2018
Mayer Brown Legal Update
In Phones 4u Ltd (In Administration) v EE Ltd, the English Commercial Court had to decide whether EE could claim for "loss of bargain" common law damages for a repudiatory breach of contract by Phones 4u, even though EE's termination notice relied solely on a contractual right to terminate.
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