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13 September 2007 / Natalie Johnston
Issue: 7288 / Categories: Features , Property
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Say what you mean

Natalie Johnston considers whether a party can rely upon pre-contractual statements in lease negotiations to create a contractual obligation

Parties who are negotiating a contract want the written terms to represent the full agreement between the parties and they do not want their “subject to contract” negotiations to burden them with a contractual obligation. The issues of collateral contract, estoppel and contractual waiver undermine a party’s ability to say that all the terms of an agreement are set out within the body of the written agreement.

However, in property transactions certainty is essential so that parties are able to ascertain their legal rights and obligations from the documents and the relevant legal registers. Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2007] EWCA Civ 622, [2007] All ER (D) 317 (Jun) reinforces the need for certainty but the possibility of pre-contractual negotiations creating a contractual obligation still exists, even in negotiations for a lease. This is a cautionary tale for those negotiating contracts, including contracts relating to interests in land.

LEASE NEGOTIATIONS

The

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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