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Commercial parties want certainty in their dealings. The recent High Court case of Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd ought to make commercial parties think twice about casually inserting ill-defined endeavours or good faith clauses into their agreements, or else they might find themselves liable to pay millions of pounds in damages […]

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This matter stems from a settlement agreement entered into in June 2020. Surinam Airways (“SLM”) agreed to pay AELF MSN 242, LLC $4,125,000.00 by monthly instalments and in exchange, AELF MSN 242, LLC agreed to release its claim for breach of an aircraft lease agreement return conditions and a claim for a much larger amount.

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