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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

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MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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