Annie is an Associate in the Commercial litigation department specialising in all types of commercial…View Profile View all
In Globe Motors, Inc and Others v TRW Lucas Varity Electric Steering Limited and another  EWCA Civ 396 the Court of Appeal held that parties are free to vary the terms of their contract verbally, or by conduct, despite the parties having previously agreed that any future variations of the contract must be in writing.
Although the Court of Appeal did not formally have to decide on the point, all three judges gave their considered views in light of the conflicting authorities on this issue.
Consequently, the value of including a non-verbal variation clause has not been undermined by this significant judgment. It is still prudent for parties to include a non-verbal variation clause in their contract and comply with such specific contractual requirements to avoid any dispute. If variations are made and agreed verbally, then steps should be taken to document that variation. Speak to one our team on 0113 220 6282 for further information.