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Tales of the unexpected

A colleague told me about a conference at UCL on contract law and the unexpected saying, “Looks like a nice day out Jason”. When I was emailed 12 hefty draft papers by way of pre-reading, I realised it was a rather...more

Disputes 101- Contractual interpretation: through the looking-glass

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Smart legal contracts: the emperor's new clothes or the elephant in the room?

The Law Commission has published an impressive paper on smart legal contracts to which Allen & Overy, along with many others, contributed; but what does it all mean? ...more

Exemption and non-reliance clauses

Richard Hooley spoke to us this lunchtime about exemption clauses. He began by quoting from Andrew Burrows’ A Restatement of the English Law of Contract (which has recently been updated) and its excellent summary of...more

The UK Supreme Court Clarifies The Test For Implying A Term In To A Contract Is A Stringent Test And Has Not Been Diluted

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and anor [2015] UKSC 72 - This morning the UK Supreme Court handed down its much anticipated judgment in the case cited above. The...more

Contractual Interpretation: When Can You Stray From The Strict Wording?

For businesses and lawyers, a new test set out by the Supreme Court will help inform when one can stray from the literal words of a contract and adopt an interpretation that accords with commercial common sense. The Supreme...more

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