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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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