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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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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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