Our modern judiciary: advocates for the court
Much has been written about the increase in court fees recently imposed on court users, culminating in the March 2015 introduction of a £10,000 maximum fee for money claims. Perhaps unsurprisingly, the legal profession has spoken with one voice, denouncing the government’s reasoning and warning of dire consequences for access to justice.
Worthing v Lloyds Bank: no continuing duty to correct advice
Those who give investment advice may be ill-advised to take too much comfort from the decision in Worthing v Lloyds Bank. In that case, HH Judge Keyser QC stated obiter that even if Lloyds’ investment advice had been wrong (which was not the case), the claimants’ argument that the bank was under a continuing duty … Continue reading Worthing v Lloyds Bank: no continuing duty to correct advice
Summary judgment: further guidance from the court in Optaglio v Tethal
On 1 September 2015, I blogged about the judiciary’s approach to determining a question of pure contractual construction in the context of a summary judgment application. Now, the Court of Appeal has reminded us that making a summary judgment application when the outcome depends in large part on the resolution of factual issues is an … Continue reading Summary judgment: further guidance from the court in Optaglio v Tethal
Summary judgment on pure contractual construction: a refresher
It is worth reminding oneself of the judiciary’s approach to determining a question of pure contractual construction in the context of a summary judgment application.
Interpretation of contracts: it does what it says on the tin
The recent judgment of the Supreme Court in Arnold v Britton has slipped under the radar for many lawyers. However, it marks an interesting and potentially significant move away from “commercial common sense” as the touchstone of contractual construction. The Supreme Court concluded that arguments based on commercial common sense “should not undervalue the importance … Continue reading Interpretation of contracts: it does what it says on the tin
Case management and disclosure: several words of warning
The recent judgment of HHJ Pelling in the case of Smailes v McNally, in which he dismissed an application for relief from sanction, is the final chapter in a long running saga of a case which has, since June 2012, been solely about compliance with orders for disclosure. This judgment has brought into sharp focus the … Continue reading Case management and disclosure: several words of warning
