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Contract – implication or interpretation?

There is a fundamental difference between implying an implied term into a contract, and interpreting an express term of that contract. The rules for implying are stricter than those for interpreting.

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Bank reference – third party liability

The Playboy casino used an agent to get a bank reference for a gambler before granting him credit. The bank that gave the reference was unaware that it would be passed to, and relied on, by Playboy. In due course, the gambler’s cheques to Playboy (worth £1.25m) bounced. Accordingly, Playboy sued the bank for negligent misstatement (ie a defective credit reference).

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Website injunctions – costs

A website-blocking order is typically made against an ‘innocent’ ISP, requiring it to block a counterfeit website.

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GDPR – consent

GDPR does not fundamentally change the situation set out in DPA 1998 as regards personal data processing (including marketing).

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Sole survivor – joint attorneys

The LR has clarified that a transfer executed by joint attorneys on behalf of a sole surviving proprietor will not satisfy a Form A restriction.

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Confidentiality – ‘disclosure’ and ‘use’

A properly drafted confidentiality clause should cover both ‘disclosure’ of the confidential information, and its ‘use’.

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Decision-making – commercial aims?

Suppose a party has contractual rights; are there any limitations on how those rights can be exercised?

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Directors – residential addresses

Currently, all company directors have to provide a residential address and a service address.

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Cap – limitation of liability

Limitation of liability clauses are often among the most heavily negotiated parts of contracts. They need careful consideration to ensure that the terms are appropriate to the commercial circumstances.
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Contract – interpretation

A reminder of the correct approach when interpreting a contract:

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Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

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