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05 June 2015 / Chris Nillesen
Issue: 7655 / Categories: Features , Procedure & practice
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Change happens

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Contractual changes can be agreed despite not meeting contract formalities, says Chris Nillesen

The recent cases of Globe Motors Inc and others v TRW Lucas Varity Electric Steering Ltd [2014] EHWC 3718 (Comm) and Virulite LLC v Virulite Distribution Ltd [2014] EHWC 366 (QB), [2014] All ER (D) 37 (Mar) serve as timely reminders of the importance of understanding how changes to contracts can be agreed and what contracting parties should be aware of.

Forever friends

Long term contractual relationships, whether for the acquisition of goods or services are invariably subject to change. Prices, laws, contracting parties, technology, standards and practices all change over time. Contracts depending on their length, value and scope can address such changes through a variety of measures. However it is advisable for the parties to consider at the outset how changes will be managed and in particular who should bear the cost of change. Simply ignoring the likelihood and the implication of change could instigate a contractual dispute.

The Globe case was a complex dispute regarding the design of electric power steering systems. Part of the dispute centred on

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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