Contract: Never trust a lawyer

Sam Coulthard and Bryony Pawsey investigate whether lawyers’ opinions on legal capacity continue to have any value following a recent Court of Appeal decision ‘In entering into void transactions, the Bank had received no rights at all under the swaps and had thus lost the full amount advanced.’Prudent contracting parties often seek advice from lawyers …
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Contract: Return to sender

Anthony Woolich, Simon Burden and Jaime van der Eb consider the implications of the Bribery Act and the Proceeds of Crime Act for the ‘innocent’ company ‘A contract that has been entered into because of the payment of a bribe is not automatically void.’The Bribery Act 2010 came into force on 1 July 2011. Readers …
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Contract: Deeds that go undelivered

A recent decision has clarified the law relating to the execution of deeds and highlighted some pitfalls that the parties to settlement agreements need to be mindful of, as Richard Bartle and Keith Shaw find out ‘Most practitioners are well aware of the difficulty of proving that ‘unconscionable’ behaviour actually has occurred, although that doesn’t …
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