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Scottish Court of Session considers all reasonable endeavours clause
Practical Law UK Legal Update 8-503-7891 (Approx. 3 pages)
Scottish Court of Session considers all reasonable endeavours clause
by PLC Commercial
The Scottish Court of Session has considered the effect of clauses requiring all reasonable endeavours and good faith in EDI Central Ltd v National Car Parks Ltd [2010] CSOH 141.
Note that in January 2012 the Court of Session endorsed the first instance decision that a party using all reasonable endeavours need not continue with its efforts if it is clear that there is one insurmountable obstacle. (The question on appeal was whether there was enough evidence to justify the decision reached at first instance and it was held that there was.) See EDI Central Ltd v National Car Parks [2012] ScotCS CSIH_6 (20 January 2012).
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