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07 July 2011 / Mark Sefton , Oliver Radley-Gardner
Issue: 7473 / Categories: Features , Property
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In the wrong

One cannot rely upon one’s own wrong in the courtroom, observe Oliver Radley-Gardner & Mark Sefton

In the well known case of Interfoto Picture Library v. Stiletto [1989] QB 433, [1988] 1 All ER 348, Bingham LJ explained that, rather than developing an overriding general concept of good faith, the English law has adopted “piecemeal solutions to demonstrated problems of unfairness” without recourse to any more general concept. This article considers one of those solutions, namely the principle that a contracting party should not be permitted to rely upon his own wrong to take a benefit under his contract. This principle has been considered in a series of recent cases, frequently involving development agreements, contracts for the disposition of interests in land, and leases.

The New Zealand Shipping case

In New Zealand Shipping Co Ltd v Société des Ateliers et Chantiers de France [1919] AC 1, [1918-19] All ER Rep 552 the House of Lords was concerned with a contract by a French company, the vendors, to build a steamboat

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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