Comment: Less abstraction and more clarity

Mark Pawlowski questions the usefulness of legal fictions in leasehold law ‘What is clear is that the conduct of the reasonable man is not established by the evidence of witnesses, but by the application of an impersonal legal standard by the court.’ A recurring concern among legal practitioners is the fear of uncertainty in our …
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Tendering: The procurement omnibus

Julie Hamilton reports on the conclusion of the Healthcare at Home case ‘The court had to place itself in the position of the reasonably well-informed and normally diligent tenderer, looking at the matter objectively, rather than hearing evidence of what different witnesses understood the tender to mean.’It is not often that the ‘man on the …
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