Rainy Sky SA v Kookmin Bank [2009] EWHC 2624 (Comm); [2010] EWCA Civ 582; [2011] UKSC 50 – Page 3

Construction Of Contracts: Unfavourable bargains

A recent case has demonstrated that the courts will not construe a contract so as to re-write an unfavourable bargain, as Nikolas Ireland finds out It is clear that, while the court is able to look elsewhere for assistance in the event of ambiguity in a document, and can correct a document where the parties …

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Rights Of Light: Shining a light on interpretation

Emma Humphreys and Andrew Francis assess a case where the court was required to interpret consents given in a 1967 conveyance ‘The parties were agreed that a finding on the first issue (ie relating to the construction of the 1967 conveyance) in the defendant’s favour meant that the second issue would become irrelevant, but the …

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Commercial Lease Breaks: Give me a break

Neil Ham considers the decision in Avocet and its broader consequences for landlords and tenants ‘If equality and fairness prevail, break conditions will either be absent or, more commonly, provide that at the break date the basic annual rent will be up to date and the premises vacant.’ The exercise of a break right by …

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Beer Ties: Why does the saga go on and on?

Jane Rogers looks at the latest litigation involving beer ties ‘In the early 1990s a period of recession that badly affected the leisure trade, together with fundamental changes in the style and operation of the traditional public house, created a very challenging environment for the pub tenant.’In November 2006 I wrote an article for this …

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