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26 April 2024 / Andrew Francis
Issue: 8068 / Categories: Features , Procedure & practice , Property , Contract
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Beware the boilerplates!

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Andrew Francis on the application of three important principles advising upon the meaning & effect of legal documents
  • Covers Mackenzie v Cheung [2024], with lessons on interpretation and the dangers of boilerplate terms.
  • Notes important principles applicable to the interpretation of powers to vary rights at a future date.

The judgment of the Court of Appeal delivered on 17 January 2024 in Mackenzie v Cheung and another [2024] EWCA Civ 13, [2024] All ER (D) 64 (Jan) is an example of the application of three important principles when we are advising upon the meaning and effect of legal documents. First, for nearly 30 years the principles of construction of documents (set out on more than one occasion by the Supreme Court and its predecessors) require us not only to look at the language of the document, but also at the objective intentions of the parties and the context in which it is found. Second, previous decisions of the courts on words which are under scrutiny in the present case may not

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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