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True intentions

14 June 2007 / Elizabeth Fitzgerald , Greville Healey
Issue: 7277 / Categories: Features , Family , Property
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Elizabeth Fitzgerald and Greville Healey discuss the construction of leases and the property rights of cohabiting couples

In KPMG v Network Rail Infrastructure Ltd [2007] EWCA Civ 363, [2007] All ER (D) 245 (Apr), the Court of Appeal considered the interpretation of a break clause in a lease from which it was apparent that some critical words had been omitted. Lord Justice Carnwath—with whom Sir Paul Kennedy and Lord Justice Mummery agreed—stated at para 8 that the issues for the court were whether that omission could be corrected by any legally permissible technique, or, if not, what meaning should be ascribed to the clause. At first instance the judge upheld Network Rail’s case for rectification based upon mutual mistake, and KPMG appealed.

QUESTION OF CONSTRUCTION

As regards rectification, the Court of Appeal held that the judge had been wrong on the facts to hold that there was convincing proof that the relevant common intention continued up to the grant of the lease in question, and so allowed the appeal on this point.

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

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Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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