header-logo header-logo

Beware the boilerplates!

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

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

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
back-to-top-scroll