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In the wrong

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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