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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll