Drafting: Choosing your friends, and relations

Clarke Willmott LLP | The Commercial Litigation Journal | November/December 2019 #88
John Flint places a recent decision on relational contracts in context ‘A general obligation to act at all times in good faith towards a counterparty because the contract was “relational” might fail to have regard to rights and obligations created by the express terms.’ Traditionally the English courts have avoided implying a duty of good …

Continue reading "Drafting: Choosing your friends, and relations"

This post is only available to members.

Practice: When is the law not the law?

Walker Morris LLP | The Commercial Litigation Journal | May/June 2019 #85
David Cook seeks certainty from the Supreme Court ‘Conventional wisdom and common practice over time had effectively distilled Lord Dunedin’s Dunlop tests into an unhelpful, over-simplified distinction.’ It sounds like the beginning of a bad joke, but it is no laughing matter that a recent run of Supreme Court cases serve to demonstrate that conventional …

Continue reading "Practice: When is the law not the law?"

This post is only available to members.

Practical completion: A question of construction

4 New Square | Property Law Journal | March 2019 #369
Nicholas Broomfield considers the decision in Mears v Costplan ‘A “material” defect is not necessarily a breach capable of preventing practical completion or permitting termination of the contract; such a conclusion risks giving rise to “commercial absurdity”.’ Mears Ltd v Costplan Services (South East) Ltd [2018] concerned the development of student accommodation in Plymouth. Mears …

Continue reading "Practical completion: A question of construction"

This post is only available to members.