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Blu-sky thinking: the Interfoto principle and terms incorporated by reference

25 March 2024 / Author(s): Hugh Sims KC , Jay Jagasia
Issue: April 2022 / Categories: Feature

In this article the authors consider the implications of Blu-Sky Solutions v Be Caring [2021] EWHC 2619, including in the lending and derivatives contracts context, which suggest that a party provides to its counterparty a greater degree of notice in relation to onerous or unusual clauses which are intended to be incorporated by reference.

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