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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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