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In recent years, the court have ‘displayed more willingness’ to recognise the concept of a duty of good faith in contractual disputes, Abdulali Jiwaji, partner at Signature Litigation, writes in this week’s NLJ. The Supreme Court’s ruling in Braganza has also influenced contractual interpretation, requiring discretionary decisions under contracts to be rational, honest and not arbitrary
Abdulali Jiwaji considers the courts’ application of the Braganza duty in relation to discretionary decisions
Much favoured in finance contracts, asymmetric clauses have been confirmed as valid under EU law: Richard Marshall & Harriet Campbell consider the impact for contracting parties
"This work more than fulfils its stated objective of seeking to be of use both to practitioners and academics alike"
Gustavo Moser sheds light on the nuances of negotiating & enforcing force majeure clauses
Mark Pawlowski on when a promise becomes a declaration of trust
Nicholas Dobson relays the costly tale of a single word in a banking contract
Andrew Francis on the application of three important principles advising upon the meaning & effect of legal documents

Mind the boilerplate small print for danger may lie within, warns Andrew Francis, Serle Court, in this week’s NLJ

What’s the true meaning of ‘consequential loss’? C Haward Soper consults the case law—and that other authoritative source, ChatGPT…
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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