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Paul Brehony and William Gow consider the pendulum of case law in contractual interpretation ‘Parties should draft express provisions to clarify intention and not rely on pre-contractual representations or negotiations.’ In Investors Compensation Scheme Ltd v West Bromwich Building Society [1997], Leggatt LJ cited Alice Through the Looking Glass when rejecting the interpretation adopted by …
Continue reading "Contract: Nohow or contrariwise"
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Kathryn Maclennan takes a view on the impact of a recent decision on trusts created by IVAs ‘The insolvency legislation is relatively light when it comes to IVAs and this is for good reason. An IVA is a contract and effect must be given to its terms.’ The Court of Appeal (CoA) decision in Green …
Continue reading "Insolvency: Tried and trusted"
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James Popperwell and Nikolas Ireland examine a recent case looking at contract formation ‘The tentative nature of the words used by MacInnes in referring to and describing the alleged agreement signified that the formulation process was ongoing as opposed to being a concluded agreement.’The High Court’s recent decision in MacInnes v Gross [2017] provides a …
Continue reading "Practice: Menu à la contract"
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Tom White and Claire Curtis explore how technology is revolutionising dispute resolution ‘There are numerous arguments in favour of introducing an online dispute resolution platform for low-value claims, from increasing access to justice and saving costs, to discouraging, or at least mitigating the impact of, vexatious claims.’Technology and the law is certainly not a new …
Continue reading "IT: The appliance of science"
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Paolo Sidoli looks at a reassertion of privilege by the Court of Appeal ‘A client must be confident and certain that what they tell their solicitor will remain between them and the adviser.’In Avonwick Holdings Ltd v Shlosberg [2016], the Court of Appeal considered whether privilege attaching to a bankrupt’s documents constituted property which vests …
Continue reading "Privilege: Keeping secrets"
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Michael Ward reflects on recovery under cross-undertakings in freezing injunction cases ‘If Transfield Shipping applies to cross-undertakings in damages (CUD) inquiries, it would raise the possibility in some cases of a claimed loss being foreseeable under the orthodox approach but still ultimately irrecoverable on remoteness grounds.’Cross-undertakings in damages (CUDs) are given by an applicant for …
Continue reading "Remoteness: The primrose path"
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Tom White and Claire Curtis report on the effect of currency fluctuations on Part 36 offers ‘The only reason that Novus “beat” its own offer was not because it had recovered a higher proportion of its claim, but because the value of sterling had fallen significantly against the dollar.’Part 36 is intended to provide a …
Continue reading "Part 36: Rating the offer"
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Clare Arthurs and Richard Marshall take a view on the direction of reform ‘The reforms to the civil courts will move away from “combative hearings”, offering instead a number of options: dispassionate evaluation, followed by negotiation, conciliation, mediation or a tailored, issues-based hearing.’ This time last year, we were reeling from Jackson LJ’s proposal to …
Continue reading "Insights By Penningtons Manches: The future’s bright"
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Andrew Beck and Gwendoline Davies return to update the law and practice of legal advice privilege and litigation privilege ‘When faced with a request for information or a request for disclosure, it is no longer sufficient for a party to simply shout privilege in an attempt to justify a refusal to respond.’In January 2016 we …
Continue reading "Practice: For your eyes only"
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Maura McIntosh summarises a currency-sensitive judgment ‘It followed as a matter of logic, the judge said, that where the court made an order in sterling it ought to have power to compensate the receiving party for any exchange rate loss.’When assessing the costs to which a German claimant was entitled on having succeeded in its …
Continue reading "Costs: A fair exchange"
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