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

Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24: “Modern litigation rarely raises truly fundamental issues in the law of contract. This appeal is exceptional. It raises two of them.” – Per Lord Sumption The Supreme Court has held that a clause in a contract, which required modifications to that contract to be in writing and signed by the parties, invalidated a subsequent oral agreement to vary the contract. However, the Supreme Court declined to rule on the second issue raised: whether the proposed variation had valid consideration and thus fulfilled one of the requirements to create a binding contract in English law. The background MWB Business Exchange Centres Limited (“MWB”) operated serviced offices in central London. Rock Advertising Limited (“Rock”) entered into…

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