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In the case of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, the Supreme Court considered the enforceability of a NOM clause and, consequently, whether an attempt to vary an agreement orally had been successful. The defendant, Rock Advertising Limited (Rock), had fallen behind on payments due under a licence. The (sole) director of Rock proposed a revised payment schedule to an employee of the claimant via a telephone call.
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