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05 September 2018 / Sophia Purkis , Leigh Callaway , Leigh Callaway
Issue: 7811 / Categories: Features , Procedure & practice
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A strict interpretation

Hindsight is a wonderful thing – but irrelevant for interpreting contracts, say Sophia Purkis & Leigh Callaway

  • Bou Simon v BGC Brokers LP: a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract.

The express written provisions of a contract are not, or at least are not always, the be-all and end-all when determining the terms governing the relationship between contracting parties. Often consideration can and should be given to the specific circumstances of a contract, including pre-contractual representations and/or post-contractual variations. Moreover, it is a well-established tenet of English contract law that terms can be implied into a contract, whether on the basis of usage, custom, the parties’ previous course of dealings, statute, or in order to reflect the intention of the parties at the time the contract was made.

It is in respect of this last category that the recent Court of Appeal decision in Bou Simon v BGC Brokers LP [2018] EWCA 1525 (Civ),

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NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
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