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24 March 2023
Issue: 8018 / Categories: Legal News , Commercial , Property
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NLJ this week: Unjust enrichment & the problem with oral agreements

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The Supreme Court decision in Barton v Morris is a landmark case on the interaction between the law of unjust enrichment and the law of contract. 

In this week’s NLJ, Sarah Allan, partner, and Chris Ward, knowledge lawyer, at Pennington Manches Cooper, write that the story behind the case ‘is a paradigm of how things ought not to be done’.

The dispute centred on an oral agreement for one party to act as broker in a commercial property sale. Allan and Ward write: ‘There being no written contract, Judge Pearce had to rely on witness evidence to determine what the parties had agreed some five years prior to the High Court hearing in June 2018.’

The authors look at the case and its implications in detail here.

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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