Termination Clauses - Key Lessons from 2026 Case Law

Introduction

An increasing number of disputes concerning termination provisions, or the lack thereof, are being considered by the courts. Often, these disputes arise from careless drafting, resulting in ambiguous clauses or a failure to address particular issues.

Drawing on lessons from recent case law, this webinar highlights key issues to consider when drafting termination provisions and sets out practical steps to help manage risk.

What You Will Learn

This webinar will cover the following:

• Reasonable period of notice
• What factors will the court use to determine a reasonable period of notice?
• What impact does the length of the relationship between the parties have on the court’s reasoning?
• Anheuser-Busch International v Commonwealth Brewery Ltd
• Perpetual or indefinite duration
• What is the meaning of these phrases?
• How does this affect the parties’ ability to give reasonable notice?
• Zaha Hadid Ltd v Zaha Hadid Foundation
• Conditional rights to terminate
• How will the courts interpret such clauses?
• What is meant by a ‘parasitic’ provision?
• Providence Building Services v Hexagon Housing Association
• Survival Clauses
• How will courts interpret the extent of such a clause?
• Can it apply to clauses that are not specifically referenced?
• Quidpay Finance v Settlego Solutions (T/A Openpayd)