Claire King analyses recent judicial trends in the contractual interpretation of construction contracts ‘What has sometimes been used as a “get out of jail card” (ie arguing business common sense to escape an otherwise harsh result) is going to be an increasingly hard card to use in the future.’ The key to resolving disputes is …
Continue reading "Construction: Brick by brick"
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John Midgley reviews the issues surrounding basement extensions by leaseholders ‘If the lease states that there is a limit to the area demised, any construction into the subsoil may amount to a trespass.’ Basement excavations have been popular for some time in areas where residential property is in high demand – especially as modern techniques …
Continue reading "Basement Developments: Going underground"
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Andrew Beck, Andrew Bennett and Gwendoline Davies assess the AIG Europe case and its implications for all those bringing, facing or insuring multiple claims against solicitors ‘The Supreme Court concluded that determining whether matters are related is an acutely fact-sensitive exercise, which requires an application of judgement, and that to try to impose an any …
Continue reading "Negligence: Claims, claims and more claims"
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Michael Davar analyses the recent case of Astor and the principle of futility in contractual construction ‘The courts have moved to applying a strict literal approach to the interpretation of commercial contracts.’ In his judgment in Astor Management AG v Atalaya Mining plc [2017], Leggatt J stated that: There is, in my opinion, no principle …
Continue reading "Contract: What’s the point?"
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Rebecca Williams and David Wright examine a recent Supreme Court judgment ‘The judgment in Wood is a reaffirmation that the court will use all the tools available to it to seek to understand the meaning of the wording in a contract, using the text itself, but also the wider contract and commercial intention of the …
Continue reading "Update: Seeing the Wood for the trees"
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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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In a question of construction the court will give precedence to the strict meaning of the contract. Ed Socha and Sarah Mitchell explain ‘The process of construction requires that the court assumes, if possible, that every word and phrase has been considered and deliberately inserted.’ The recent case of Dooba Developments Ltd v McLagan Investments …
Continue reading "Contract: The letter of the law"
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Doug Wass and Nikolas Ireland provide an update on contractual remedies ‘While the principle remains that a party does not intend to give up common law rights without making it clear it intends to do so, it should not operate as a blind presumption to the detriment of proper analysis of the clause in question.’ …
Continue reading "Remedies: Out of gas"
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Karl Anders reviews recent case law concerning residential service charges, highlighting key lessons for landlords and tenants ‘Many leases contain sweeper or catch-all provisions, with the aim of enabling a landlord to obtain recovery of charges which are not expressly specified but which the landlord might want to recover from time to time via the …
Continue reading "Service Charges: What is reasonable?"
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Wills & Trusts Law Reports | November 2016 #164B had been involved in litigation against A and the AP family (the litigation) from which he potentially stood to recover large sums of money. The claimant, G, was B’s long-term partner. In March 2012 the litigation deed was drawn up to reflect agreement between B and G regarding G’s entitlement to B’s assets (including the litigation). B subsequently lost his case against A and entered into settlement discussions with the AP family. The litigation agreement was a further document signed in September 2012 to reflect an agreement between B and G concerning her entitlement to any sums from...
