Non-reliance clauses: Draft with caution

Fieldfisher | Property Law Journal | July/August 2019 #373
Michael Norris outlines judicial guidance on the reasonableness of non-reliance clauses, and points to consider when attempting to limit a trustee’s liability to the assets of the trust ‘The judge at first instance concluded that while there might be arguments about which enquiry was the relevant one, there was a clear misrepresentation in relation to …

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Misrepresentation: The voice of reason

Walker Morris LLP | The Commercial Litigation Journal | November/December 2018 #82
Gwendoline Davies and Lynsey Oakdene highlight the conflict between a non-reliance clause and a misrepresentation claim ‘If liability for misrepresentation would arise if the clause did not exist (as indeed it would have in this case), then s3 MA is engaged, and the clause must satisfy the reasonableness test.’ There are various strategies that contracting …

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Landlord and tenant: A roundup of 2018

Forsters LLP | Property Law Journal | December 2018/January 2019 #367
Kathryn Copeland reviews the key developments in commercial landlord and tenant law in 2018 ‘The increase in CVAs has begun to cause a landlord backlash, most notably with House of Fraser’s landlords banding together to oppose the proposed CVA on the grounds of “unfair prejudice” and “material irregularity”.’ Spotlight on CVAs This year saw an …

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Construction focus: Keep it under review

John Starr | Property Law Journal | September 2018 #364
How effective are standard building contract amendments? John Starr examines two cases with different outcomes ‘The court decided that the question was whether clause 5.8 excluded any liability to which the landlords might have been subject by reason of any misrepresentation made by them before the contract was made.’ This month, I am looking at …

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