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30 July 2021 / Lydia Danon , Rosie Wild , Andrew Flynn
Issue: 7943 / Categories: Features , Fraud
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Sticking power: The Rule that just won’t go away

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Lydia Danon, Rosie Wild and Andrew Flynn reflect on a useful and enduring tool for parties to a contractual claim and their lawyers
  • Looks at evolution and present-day application of The Rule (from Pigot’s Case in 1614) in fraud law.
  • How The Rule interacts with other legal remedies.

One of the more striking aspects of the common law tradition is how long-forgotten precedents, which survive through contemporary accounts in historic case reports, can endure in their practical impact centuries later. Such rules can languish as their relevance and applicability fail to resonate with different social norms and changes to the conduct of business from which they evolved. This article considers whether the rule in Pigot’s Case (1614) 1 Co Rep 26b, 77 ER 1177 (The Rule) is ripe to be plucked from (near) obscurity to be used as a weapon in a fraud lawyer’s arsenal, or if it should be abandoned to the annals of history.

The Rule

According to the 33rd

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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DWF—Stephen Webb

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mfg Solicitors—Nick Little

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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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