James Davies authors case analysis for LexisNexis (Pinewood Technologies Asia Pacific v Pinewood Technologies)
Date: 7 November 2023
James Davies conducts a comprehensive commercial analysis of a pivotal court decision. The case involved a nuanced evaluation of two reseller agreements and their exclusion clauses, culminating in a reverse summary judgment on both the claim and counterclaim. At the crux was the determination of whether these agreements constituted the defendant’s standard business terms, triggering the application of the Unfair Contract Terms Act 1977 (UCTA 1977). The court notably ruled against this classification.
Furthermore, the court deliberated on the appropriateness of summary judgment regarding the interpretation of the exclusion clauses—a crucial aspect resolved in the affirmative. This case analysis offers valuable insights into the intricacies of navigating fact-specific challenges often encountered within the realm of complex commercial agreements.
Practice Area: Commercial Litigation
