Between a rock and a hard place: no oral modification clauses after Rock Advertising v MWB

Abstract

ABSTRACT Following the United Kingdom Supreme Court decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd on the issue of ‘no oral modification’ (NOM) clauses, we examine its implications for contractual variations. This article considers the reasons for finding NOM clauses legally effective in English law (a clause commonly included in commercial contracts). It further touches upon the way the law now favours transactional certainty over the protection of vulnerable parties, querying whether the legal certainty for commercial parties that arises as a consequence of giving effect to NOM clauses is as appealing as it may seem.