Food For Thought On NOM Clauses…

Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24

Facts

Rock Advertising Ltd (“Rock”) contracted with MWB Business Exchange Centres Ltd (“MWB”) for a licence to occupy office space owned by MWB. The contract contained a “No Oral Modification” clause (“NOM clause”) which provided that “All variations to this [contract] must be agreed, set out in writing and signed on behalf of both parties before they take effect”.

Rock subsequently accrued arrears on the contract and sought to agree a revised schedule of payments, which amounted to a variation of the contract, with MWB orally during a telephone call. MWB later denied that it had agreed to the purported variation, locked Rock out of the office space and issued a claim for the arrears. Rock counterclaimed for wrongful exclusion from the office space. Both the claim and counterclaim turned on whether the contract had been lawfully varied.

Read the full article here Food For Thought On NOM Clauses…

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