January/February 2020 #89 – Law Journals

Insights by Penningtons Manches Cooper: Second sight or hindsight?

Clare Arthurs and Nicole Finlayson peer into their contractual crystal ball ‘The parties simply had not turned their minds to the set of circumstances that actually arose, ie a sale at a sum other than the sum contemplated.’ The facts of Barton v Gwyn-Jones [2019] appear straightforward. When Mr Barton verbally contracted with Foxpace Ltd …

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Contractual discretion: The age of reason?

David Hall, Tom Whittaker and Harry Jewson condense the lessons to be learned five years post-Braganza ‘In those cases where a Braganza term has been implied, there is a clear justification that the term is necessary in order to prevent, or protect against, an abuse of power by the decision-maker.’ In Braganza v BP Shipping …

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Defamation: Out of harm’s way

Hannah Kent discusses defamation claims ‘It is important to bear in mind a claimant company’s particular circumstances. A particular statement may cause greater or lesser financial loss to a company, depending on their circumstances and the reaction of those to whom it is published.’ A claimant cannot have an actionable defamation claim unless the allegedly …

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Contract: Give it back

Lynsey Oakdene and Claire Acklam review recent case law on restitution ‘Proceeding to do business without a comprehensive written contract, and ultimately having to rely on a restitutionary remedy, can prove a false economy.’ Quantum meruit is a principle of natural justice which, in the absence of any other (contractual, tortious or statutory) cause of …

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Cryptoassets: Contracts Jim, but not as we know them

Jeremy Richmond and Christopher Recker boldly explore the status of cryptoassets and smart contracts ‘The significance and potential applications for smart contracts are diverse; in the construction industry it is thought that smart contracts could be implemented to simplify greatly and automate the payment of contractual obligations.’ In November 2019 the UK Jurisdiction Taskforce (UKJT) …

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Costs: Triumph(ant)?

Giles Tagg and Zak Mehmood report on a recent costs judgment ‘Primus argued that a proportional costs order would be appropriate, submitting that Triumph brought forward three claims, one of which was unreasonably brought and led to identifiable, substantial and severable costs.’ The recent case of Triumph Controls UK Ltd v Primus International Holding Co …

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Shareholder disputes: Getting your hands dirty

Peter Brewer considers the consequences of misconduct ‘Winding up a company because the directors have fallen out can affect a lot of innocent people and so it is not a remedy that the court grants freely.’ Law students will remember the maxim ‘he who comes to equity must do so with clean hands’. What this …

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