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Legal Update

"Threshing the undergrowth for some chance remark" — English High Court considers impact of entire agreement clauses on pre-contractual negotiations

15 June 2018
Mayer Brown Legal Update
Claims alleging pre-contractual misrepresentation are common nemeses of banks and other financial institutions, and any organisation that regularly contracts with counterparties. As the 2018 World Cup gets under way, football (more specifically, the ownership of Nottingham Forest FC) was an appropriate context for the English High Court to have considered the extent to which such claims can survive the contractual protection of entire agreement clauses, in a decision which appears at first sight to sit uneasily with previous Court of Appeal authority in this area.

Authors

  • Alistair Graham
    T +44 20 3130 3800
  • James Whitaker
    T +44 20 7398 4627
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