header-logo header-logo

26 April 2024 / Andrew Francis
Issue: 8068 / Categories: Features , Procedure & practice , Property , Contract
printer mail-detail

Beware the boilerplates!

169188
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll