Contracts
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Contractual interpretation: express words and mechanisms required
Practitioners drafting side letters will want to consider the decision in Whitehall Capital Ltd…
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When are contractual terms subject to a Braganza duty?
In Kwik Lets Ltd v Khaira the High Court had to decide whether it was possible to imply a Braganza…
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Restoration of a company to the register did not resurrect a sale contract
An “event of default” arose as soon as the buyer was struck off the Companies House register
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Heads of terms agreed at a mediation created a legally binding contract
Abberley v Abberley concerned the division of assets between two farmers ending a partnership
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A legal battle to rescind a conditional contract was lost for want of a correctly placed negative
The aim of the court, when interpreting a provision in a contract, is to determine what the parties meant by the language used and, when doing so, the court will…
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Clear evidence is required to show that an individual, who appears to have entered into a contract personally, did so on behalf of a company
Fairhurst Developments Ltd v Collins [2016] EWHC 199 (TCC); [2016] PLSCS 48 concerned a landowner who entered into joint venture agreement with a developer without recording essential terms in writing.…
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The breadth of language used in an agreement convinced the court that it was wider in scope than might, at first sight, have appeared.
In the world of litigation, a standstill agreement is an agreement that suspends or extends a limitation period. In Mortgage Express (an unlimited company) v Countrywide Surveyors Ltd [2015] EWCA…
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The court considers how to categorise different monetary receipts and, in particular, premiums paid on the surrender of leases.
The difference between capital and income receipts is often important for tax purposes. CBRE Loan Servicing Ltd v Gemini (Eclipse 2006-3) Plc [2015] EWHC 2769 (Ch); [2015] PLSCS 279 demonstrates…
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Legal notes: Weasel words
Legal notes Allyson Colby considers the risks of drafting and advising on conditional contracts
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Provisions enabling parties to extend long stop dates in contracts should state when requests and payments for contractual extensions must be made
Contracts for sale are often subject to conditions that must be satisfied before a longstop date in the future, after which the contract will expire.
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PP 2013/132
The court cannot improve upon a contract that it is asked to interpret, or mend a bargain. One of the principles that underpins best practice in relation to service charges…