Mediation: How binding are ‘agreements’ signed at mediation?

The Property Mediators | Property Law Journal | December 2019/January 2020 #377
With mediation now being commonplace the courts are starting to look at issues other than whether parties are unreasonable in refusing to mediate. Jacqui Joyce and Iain Travers examine some recent cases ‘If the document is not meant to be binding, then it can be formally recorded as being not binding and subject to contract.’ …

Continue reading "Mediation: How binding are ‘agreements’ signed at mediation?"

This post is only available to members.

Construction focus: Finding a contract

John Starr | Property Law Journal | September 2019 #374
John Starr reviews two recent cases reiterating the courts’ stance on whether a contract exists even where it remains unsigned ‘The courts are reluctant to find an agreement is too vague or uncertain to be enforced where it is found that the parties had the intention of being contractually bound and have acted on their …

Continue reading "Construction focus: Finding a contract"

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.

Contract: Safe as houses

Walker Morris LLP | The Commercial Litigation Journal | March/April 2019 #84
Gwendoline Davies and Claire Acklam ask whether a recent Supreme Court decision places a new ‘spin’ on rules for formation of contracts and implying terms ‘It is important to remember that contracting parties’ interests and understanding can differ and diverge.’ In Wells v Devani [2019] the Supreme Court has found that an oral contract was …

Continue reading "Contract: Safe as houses"

This post is only available to members.