header-logo header-logo

NLJ this week: Lessons on document construction from a freehold dispute

26 April 2024
Issue: 8068 / Categories: Legal News , Procedure & practice , Property , Contract
printer mail-detail
169188

Mind the boilerplate small print for danger may lie within, warns Andrew Francis, Serle Court, in this week’s NLJ

Francis looks at Mackenzie v Cheung and another [2024] EWCA Civ 13, a Court of Appeal decision this year concerning the conveyance of the freehold title that became No 444 Selsdon Road, Croydon. He sets out the lessons to be learned.

The case provides ‘an example of the application of three important principles when we are advising upon the meaning and effect of legal documents’. Francis sets out the three principles and explains each in turn.

As for those boilerplate terms, he writes: ‘Traps are often hidden in them. Their presence is frequently camouflaged by their location at the end of long sets of terms or at the end of lengthy documents. So far as we do see them, we treat them (dangerously) with a lawyer’s insouciance.’ 

RELATED ARTICLES

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll