Jack Lewis
Jack deals with a variety of commercial disputes across a wide range of sectors, including:
- breach of contract disputes
- shareholder disputes
- partnership disputes
- defamation disputes
- professional negligence disputes
- sale of goods/supply of services disputes
- tax disputes
- commercial debt recovery
- restitution claims for mistaken payment/overpayments
Practice Area
Panel
- Contributing Author
Qualified Year
- 2021
Qualifications
- Law LLB (Hons) 1st class 2017
- LPC MSc (Distinction) 2018
Education
- University of Liverpool 2014-2017
- University of Law 2017-2018
1 Contributions by Jack Lewis
PRACTICE NOTES
Drafting Enforceable Price Review Clauses: Triggers, Indexation, Procedures, Application, Case Law and Sample Clauses under English Law
Price review clauses are a familiar element of long-term energy agreements (and often appear in other enduring commercial arrangements). Their aim is to keep pricing aligned with market movement over time, for instance where regulatory frameworks shift, laws or taxes change, or other significant market conditions evolve.
What is a price review clause?
Price review provisions typically permit the adjustment of the price or cost for goods and/or services delivered under a long-term deal. They operate as a tool to minimise the risk of a bargain turning unprofitable if, say, the seller’s input costs rise sharply. Usually there is a defined “trigger event” — such as an increase in the underlying cost of raw materials — on the occurrence of which a party (most commonly the supplier) may start a review of price.
Such clauses can be enforceable where they are specific and tightly drafted; loose wording increases the chance that a court will find them unenforceable for lack of specificity, or even unreasonable contrary to the Wednesbury reasonableness test. See the case of Amberley v West...
Energy
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