header-logo header-logo

15 June 2018 / Sally Anne Blackmore , Clifford Darton , Samantha Dawkins
Issue: 7797 / Categories: Features , Commercial
printer mail-detail

Rock: clarity on contracts?

nlj_7797_blackmore

An exceptional appeal; a purist’s outcome. Lessons from MWB Business Exchange Centres Ltd v Rock Advertising Ltd by Clifford Darton, Sally Anne Blackmore & Samantha Dawkins

  • On 16 May 2018, the Supreme Court decided that the law should and does give effect to no oral modification clauses.
  • This reversed the decision in the Court of Appeal and sounded the death knell for a line of authority suggesting that oral modification was possible notwithstanding the presence of a no oral modification clause in a contract.
  • This article considers the decision in context and asks why the Court of Appeal went wrong on so fundamental an issue.

MWB Business Exchange Centres Ltd (MWB) operates serviced offices in central London (see also MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24, [2018] ALL ER (D) 81 (May). On 12 August 2011, Rock Advertising Ltd (Rock) entered into a contractual licence with MWB to occupy office space for twelve months commencing on 1 November 2011 at a fee of £3,500 for the first three months and £4,333.34 thereafter. The licence included,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll