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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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