The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.

By Nell Perks and Anna Kullmann

Key Points:

• Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
• For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.

Introduction

The…