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Clare Arthurs and Nicole Finlayson peer into their contractual crystal ball ‘The parties simply had not turned their minds to the set of circumstances that actually arose, ie a sale at a sum other than the sum contemplated.’ The facts of Barton v Gwyn-Jones [2019] appear straightforward. When Mr Barton verbally contracted with Foxpace Ltd …
Continue reading "Insights by Penningtons Manches Cooper: Second sight or hindsight?"
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David Hall, Tom Whittaker and Harry Jewson condense the lessons to be learned five years post-Braganza ‘In those cases where a Braganza term has been implied, there is a clear justification that the term is necessary in order to prevent, or protect against, an abuse of power by the decision-maker.’ In Braganza v BP Shipping …
Continue reading "Contractual discretion: The age of reason?"
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Hannah Kent discusses defamation claims ‘It is important to bear in mind a claimant company’s particular circumstances. A particular statement may cause greater or lesser financial loss to a company, depending on their circumstances and the reaction of those to whom it is published.’ A claimant cannot have an actionable defamation claim unless the allegedly …
Continue reading "Defamation: Out of harm’s way"
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Clare Arthurs and Nicole Finlayson stand on the touchline to witness privilege bouncing back ‘The authorities were clear that once privileged, always privileged: it would undermine the purpose of privilege if a lawyer had to qualify their assurance of confidentiality to the client.’ As rugby fever swept the nation, legal advice privilege once again found …
Continue reading "Insights by Penningtons Manches Cooper: Survival of the fittest"
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Alexander Halban reports on clarification by the Court of Appeal of the test for service out of the jurisdiction ‘The test is flexible and, in unclear cases, the third limb allows a claimant to establish jurisdiction with plausible evidence, even if the judge cannot resolve disputed issues.’ The English court’s jurisdiction over a defendant domiciled …
Continue reading "Service: Glosses, explications and reformulations"
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Tamsin Baird analyses a judgment illustrating the dangers of oral agreements ‘The question was whether the parties’ words and conduct, when viewed objectively, led to a conclusion that they intended to create legal relations and had agreed all the essential terms for the formation of the contract.’ A recent High Court judgment has provided a …
Continue reading "Contract: Oral agreements: a formula for uncertainty"
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Ilya Kazi and Alex Robinson look at a recent Supreme Court decision with potential impact for business ‘The law provides for additional compensation to employees if a patented invention is of “outstanding” benefit to the employer.’ The case of Shanks v Unilever plc [2019], which was decided in the UK Supreme Court last month, has …
Continue reading "Intellectual property: Sweet success"
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Alison Oldfield considers the lessons to be learned from the Canada Goose decision ‘There is no doubt that the Canada Goose judgment provides pause for thought for anyone who is considering an application for an injunction against unnamed individuals.’ In the current climate of political and economic uncertainty, organised protest and direct action from campaigners …
Continue reading "Injunctive relief: On a wing and a prayer"
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Georgia Fullarton and Simon Heatley measure the extension of time by the judiciary ‘In Denton, the Court of Appeal issued a strong warning that parties should co-operate and, instead of merely considering the reasonableness of requests, should not unreasonably refuse requests for time extensions or unreasonably oppose applications for relief from sanctions.’ The Jackson reforms …
Continue reading "Practice: Time travel"
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Gwendoline Davies explains the importance of categorising contractual terms ‘A key point for contract negotiators and drafters to appreciate is that, in many cases, a judgement call will be needed as to whether a contractual term should be expressed to be a condition or a warranty, or whether the terms should be innominate.’ In the …
Continue reading "Key terms: Square pegs and round holes"
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