Battle of the forms meaning

Abbott Diabetes Care Inc and others v Dexcom Inc and others [2024] EWHC 1664 (Pat) What are the practical implications of this case? This ruling forms part of the parties’ wider, cross-border battle over CGM technology. The conclusions on infringement and validity are, for the most part, tethered to the facts of this dispute. Nonetheless, the court’s observations on the deployment of expert evidence will interest practitioners, and stand as a further reminder that experts instructed in patent litigation must operate in the correct technical domain. Here, the technological sophistication suggested that the hypothetical skilled team would need a broad span of knowledge and experience, which a lone expert might find difficult to encompass. Where more than one expert is retained, they should be permitted to review each other’s reports so that the combined competencies of the skilled team are mirrored in the evidence in the case at hand...

In this issue: Autumn Budget 2025 Building safety Procurement in construction Contract law for construction lawyers Environmental issues Infrastructure projects Litigation Experts in construction disputes Construction industry news Daily and weekly news alerts New and updated content Construction trackers Autumn Budget 2025 Budget 2025—key Construction announcements In the Autumn Budget 2025, presented on 26 November 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, unveiled an investment programme focused on ‘rebuilding Britain’ by delivering new housing, upgrading infrastructure and expanding clean energy. The Budget underlined the government’s objectives on boosting housing supply, overhauling planning, accelerating economic growth and driving regional regeneration. See: LNB News 26/11/2025 56. Pick Everard publishes report on construction sector outlook for 2026 Pick Everard has released its Pre-Autumn Budget Construction Market Insight report, sharing detailed results from a survey of 200 industry figures that assessed confidence and forecasts for 2026 across the...

In this issue: Transferring property Easements, rights and covenants Property development Property taxes Property insolvency Property in Scotland Key developments and horizon scanning Additional property updates this week Daily and weekly news alerts Trackers Transferring property HM Land Registry updates Practice Guide 1 and forms FR1 and AP1 HM Land Registry has revised Practice Guide 1—First registrations, together with forms AP1—Change the register and FR1—First registration: application. See: LNB News 05/08/2024. Easements, rights and covenants Registration of easements—whether right of way acquired by prescription over private road In Sagier v Kaur, the Upper Tribunal (Lands Chamber) (the UT) allowed the appellant’s appeal from the First-tier Tribunal (FTT), directing the Chief Land Registrar to cancel the appellant’s application to register a private right of way over part of a private road owned by the respondent. The appellant had applied to the Land Registry to enter a right of way over the...

Commercial contracts—Germany—Q&A guide [Archived, 2022 edition] This Practice Note offers a jurisdiction-specific Q&A overview of commercial contracts in Germany, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Lutz Abel Rechtsanwalts PartG mbB—Marius Mann; Benjamin Baisch; Björn Weidehaas 1. Is there an obligation to use good faith when negotiating a contract? Yes. Good faith is set out in section 242 of the German Civil Code (BGB) and is a basic tenet of German law. It imposes a duty on both contracting parties to fulfil their obligations faithfully and sincerely, taking customary practice into account. Nevertheless, where there is no breach of specific provisions of the BGB or the German Commercial Code (HGB), enforcing a claim that relies solely on the general clause in section 242 BGB is generally difficult. The principle is fleshed out, for example, in section 138 BGB (no legal transaction contrary to public policy; no usury) and in section 307 et seq BGB (no...

Commercial contracts—Australia—Q&A guide This Practice Note offers a jurisdiction-specific Q&A on commercial contracts in Australia, featured in the Lexology Getting the Deal Through series by Law Business Research (published: October 2022). Authors: Baker McKenzie—Adrian J. Lawrence; Caitlin Whale 1. Is there an obligation to use good faith when negotiating a contract? Australian contract law does not recognise a universal duty to act in good faith during negotiations. Courts have nevertheless found that an express agreement to negotiate a particular issue in good faith can be enforceable, provided the clause is drafted with sufficient clarity so it can be given practical effect. In limited contexts, a statutory requirement to negotiate in good faith may arise. For example, the Franchising Code of Conduct obliges the parties to a franchise agreement to act in good faith towards each other, including when negotiating that agreement. While not a good faith duty, laws prohibiting misleading or deceptive conduct frequently affect bargaining conduct. The Australian Consumer Law prohibits a person in trade or...

Commercial contracts—Egypt—Q&A guide [Archived, 2022 edition] This Practice Note offers a jurisdiction-specific Q&A on commercial contracts in Egypt, issued within the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Eldib Advocates—Richard G Tibichrani; Mohamed Abdel Rehim 1. Is there an obligation to use good faith when negotiating a contract? Article 148/1 of Egyptian Civil Law No. 131/1948 provides that contractual obligations must be performed in good faith by both parties. Accordingly, Egyptian law—and therefore the courts—upholds the good faith principle even where a contract is silent on it. This approach is considered to reach into the pre-contractual stage. 2. How are ‘battle of the forms’ disputes resolved in your jurisdiction? Under Egyptian law, courts generally treat the last version of the contract agreed before performance begins as the binding agreement between the parties. Notably, it was contended before the Court of Appeal that the carrier’s bill of lading terms and conditions did not bind the shipper because those provisions...

These training resources concern creating enforceable agreements and include sample PowerPoint slide decks with accompanying notes, intended to support a trainer explaining the law on contract formation within the usual tasks carried out by commercial contracts solicitors in practice. Subjects addressed include: offer, acceptance, battle of the forms, standard terms and conditions, consideration, intention to create legal relations, capacity, authority and certainty. The materials can be customised to suit delivery. Click the link below to download the PowerPoint presentation file...