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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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