New Classicism? Freedom of Contract, Risk Distribution and Recent Trends in the Drafting of IT Contracts

“Freedom of contract has fallen, but I cannot believe that it has fallen that far” remarked HHJ Bowsher in Grovedeck Ltd v Capital Demilition Ltd. Although his remark was expressed in a different context, Adrian Hughes and James Bowling take the view that freedom of contract is on the march again in the approach of the courts to clauses allocating risk in IT contracts…

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Editorial

It is good to find causes for optimism as the awful realisation dawns that the nights are drawing in. The last couple of weeks produced a few positive reasons to think that IT in the law is making headway, and that SCL’s role is being appreciated. My first source of optimism is the massive rise…

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