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15 May 2019, 6:00 am by Guest Blogger
Balkin, Democracy and Dysfunction (University of Chicago Press, 2019).Jedediah Britton-Purdy[*]This long post sketches two thoughts prompted by time with the wide-ranging, provocative, and fecund letters that make up Democracy and Dysfunction. [read post]
23 Oct 2018, 1:45 pm by Giles Peaker
Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB) (Not on Bailii for some reason. [read post]
8 Feb 2017, 6:30 am by Tom Pritchard
Court of Appeal decision In overturning the decision of first instance, Lord Justice Clark (with whom Lady Justice Gloster and Lord Justice Patten agreed) relied on the following reasons: In reviewing the case law regarding contractual interpretation (Arnold v Britton [2015] UKSC 36 and Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd [2001] CLC 1, 103 being particularly significant) it can be said that “the clearer the language the less appropriate it may be to… [read post]
20 Nov 2016, 6:36 pm
The facts of Arnold v Britton neatly illustrate this. [read post]
The Court’s reluctance last year to interfere with parties’ freedom of contract is also apparent in the contractual interpretation case of Arnold v Britton & Ors [2015] UKSC 36 (Case Comment here). [read post]
28 Dec 2015, 3:22 pm by Giles Peaker
Comment The UT here seems to have reached a resolution – at least for itself – of Sella, Assethold, Francis and Arnold v Britton. [read post]
The test which has replaced it is whether a stated remedy in a contract is proportionate to the legitimate interests of the innocent party. [read post]
10 Jun 2015, 2:20 am by Matrix Legal Information Team
In the present case, Neuberger stated that the reasonable reader of clause 3(2) would see the first half of the clause as descriptive and the second half as a qualification of the service charge. [read post]