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16 September 2022
Issue: 7994 / Categories: Legal News , Commercial
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NLJ this week: Bad contract? Tough luck!

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When it comes to contracts, it’s all black and white from a court’s perspective

Writing in this week’s NLJ, Richard McMeeken, partner at Morton Fraser, covers two recent decisions in the Scottish courts in which the courts stuck firmly to the wording of the contract. That means no escape from a bad bargain.

The law in Scotland and England is closely aligned in this area, and is approached on the same basis north and south of the border.

McMeeken writes that ‘the pursuer relied heavily on precontractual discussions and negotiations between the parties’, but to no avail in the civil appeal court, the Inner House of the Court of Session.
Issue: 7994 / Categories: Legal News , Commercial
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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