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4 February 2026

Drafting Contracts – Key Lessons From 2025

KL
Herbert Smith Freehills Kramer LLP

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Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
In our annual contract law update we consider a number of interesting contract law cases from 2025 which highlighted key points for those involved...
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In our annual contract law update we consider a number of interesting contract law cases from 2025 which highlighted key points for those involved in drafting or managing contracts.

The cases we have chosen deal with formation, interpretation, exclusion and limitation clauses, penalties, good faith and termination. In each case we give a brief summary of the facts and the court's decision, together with some practical tips.

The full briefing is available here.

We are hosting a contract update webinar at 1pm on Wednesday 11 February which will explore some of the cases in our briefing. Details of how to register can be found here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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