Full contractual clauses are a standard feature in boiler platform contracts. They have been the subject of numerous litigations and detailed judicial analyses. This is why a standard approach to the development of these clauses has been put in place. However, when interpreting these clauses, the courts will not analyze the clause in isolation – the usual rules of interpretation apply. As recent cases show, the guidelines in the case law will be helpful, but the courts will adopt them in the broader context of the agreement reached. In this regard, we review recent decisions on all contractual clauses and analyze their practical effects. Given the potentially burdensome effect of these clauses, why include them? The answer is that it provides security on the documents that make up the contract and on the remedies available to the parties. Therefore, it is not only understandable that they are being used, but also probably necessary to define the liability of the parties and allow for a useful risk assessment when negotiating the contract. The question of whether a declaration of non-confidence is a disclaimer for misrepresentation and, as such, subject to the adequacy verification provided for in Section 3 of the Misrepresentation Act (section 3). This debate was resolved in 2010 with the decision of the Springwell Court of Appeal. It is now clear that declarations of non-confidence may constitute an exclusion clause: if the clause is a clause that excludes liability for misrepresentation instead of defining the conditions under which the parties conduct their activities, Section 3 applies. However, the application of this test in practice proved difficult and the subsequent approach created uncertainties. The decision of the Court of Appeal in First Tower Trustees Ltd/CDS (Superstores International) Limited resolves this uncertainty.

With regard to labour contracts, there is a growing trend towards the use of whole contractual clauses. These clauses are intended to prevent claims, particularly those that were not provided for by the parties at the time the contract was terminated. In this article, we give a brief overview of the interaction between entire contractual clauses and unspoken clauses in English law, in reference to the recent Court of Appeal case of J N Hipwell – Son/Szurek (Hipwell), 1 in which a complainant attempted to convince the Court of Justice that an implied commercial agreement clause should be with a full clause in the contract. Finally, we draw attention to some practical aspects of the law in these areas that may be important to energy and natural resources companies.