header-logo header-logo

14 October 2016
Issue: 7718 / Categories: Features , Property
printer mail-detail

You have my word

nlj_7718_mather

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

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

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
back-to-top-scroll