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Terminating contracts


There are a number of ways in which a contract may be brought to an end. The Practice Notes in this sub-topic summarise the main ways of ending contractual relations and the consequences for each party when that happens. It also includes a series of bespoke Precedents with comprehensive drafting notes tailored to different breach and termination scenarios.

For a summary, in tabular form, of key and/or illustrative cases on contractual disputes (for judgments dating 1 January 2020 onwards), see Practice Notes:

  1. •

    Contract disputes—key and illustrative decisions (2024–2025)

  2. •

    Contract disputes—key and illustrative decisions (2020–2023) [Archived]

Different avenues for terminating contracts

There are a number of ways a contract may be brought to an end, including where:

  1. •

    one party is in breach of contract entitling the other party to terminate the contract (termination for breach of contract)

  2. •

    one party is entitled to rescind the contract by reason of the other party’s misrepresentation, undue influence or duress (rescission)

  3. •

    the contract is void by reason of mistake, non est factum or statute (void contract)

  4. •

    the parties agree to bring

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Court of Appeal considers asymmetrical jurisdictional clauses (Hipgnosis v Manilow)

Dispute Resolution analysis: This case provides an analysis of asymmetrical jurisdiction clauses in the context of a dispute arising from the sale of the back catalogue of Mr Barry Manilow. It serves as a reminder that the jurisdiction of the English Courts is determined at the date of issue of proceedings. The concept that the English court had jurisdiction when the proceedings were issued, but that was ‘floating’ and was lost in favour of California when the option to sue there was exercised, was heretical and contrary to authority. Written by Georgia Whiting, in-house legal counsel, at Ardmore Group Ltd.

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The Master of the Rolls, Sir Geoffrey Vos, has delivered a speech at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System (DJS) in resolving disputes. Vos highlighted the significant changes brought by the Judicial Review and Courts Act 2022, which established the Online Procedure Rules Committee (OPRC) and its role in creating rules for online processes and the pre-action space. He noted that the powers of the OPRC will complement, rather than replace, those of existing rule committees, with the aim that online processes will eventually be governed by rules made by the OPRC. He clarified the role of the DJS and the economic and psychological advantages it could bring for those resolving disputes. He concluded by examining the role of AI in dispute resolution and the international dimension of the DJS.

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Dispute Resolution weekly highlights—1 May 2025

This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 11th edition of the King’s Bench Guide and the Court of Appeal decision in Freeman v Home Farm Ellingham Ltd (specific performance); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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