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14 October 2016
Issue: 7718 / Categories: Features , Property
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You have my word

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Katrina Mather considers oral variations of licence

  • Anti-variation clauses are capable of being varied.
  • Ruling means frivolous claims may increase.

There has been some uncertainty on whether anti-oral variation clauses are binding. In 2000 and 2002 the Court of Appeal (CofA) delivered conflicting judgments on the matter. However, this year we have been treated to two judgments in as many months. This article reviews the decision in MWB Business Exchange Centres Limited v Rock Advertising Limited [2016] EWCA Civ 553 and considers its impact for property lawyers.

Clearly anti-oral variation clauses have a commercial value. They provide parties with certainty. They ensure parties know what they need to do to vary the agreement and usually ensure everything is in writing so there cannot be arguments later about what was said in oral discussions. However, they do not necessarily reflect the reality of how parties conduct their dealings. The CofA has held that parties will not be bound by a clause which seeks to provide that oral variations of contracts will not be effective.

MWB v Rock

In MWB v Rock , the defendant occupied

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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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

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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
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