Wells v Devani [2019] UKSC 4

Mediation: How binding are ‘agreements’ signed at mediation?

With mediation now being commonplace the courts are starting to look at issues other than whether parties are unreasonable in refusing to mediate. Jacqui Joyce and Iain Travers examine some recent cases ‘If the document is not meant to be binding, then it can be formally recorded as being not binding and subject to contract.’ …

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Construction focus: Finding a contract

John Starr reviews two recent cases reiterating the courts’ stance on whether a contract exists even where it remains unsigned ‘The courts are reluctant to find an agreement is too vague or uncertain to be enforced where it is found that the parties had the intention of being contractually bound and have acted on their …

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Practice: When is the law not the law?

David Cook seeks certainty from the Supreme Court ‘Conventional wisdom and common practice over time had effectively distilled Lord Dunedin’s Dunlop tests into an unhelpful, over-simplified distinction.’ It sounds like the beginning of a bad joke, but it is no laughing matter that a recent run of Supreme Court cases serve to demonstrate that conventional …

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Contract: Safe as houses

Gwendoline Davies and Claire Acklam ask whether a recent Supreme Court decision places a new ‘spin’ on rules for formation of contracts and implying terms ‘It is important to remember that contracting parties’ interests and understanding can differ and diverge.’ In Wells v Devani [2019] the Supreme Court has found that an oral contract was …

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