06 January 2014
Roll up, roll up: catch up with what you missed in 2013
This publication considers 10 of the most important cases from 2013.
Our selection includes a number of high profile decisions but also includes a few cases which have received less attention than they deserve.
The key points are:
- Accountants' tax advice (and advice given by other non-lawyers) remains unprotected by common law legal advice privilege.
- An obligation to act in good faith can be implied into a contract where this reflects the presumed intentions of the parties.
- Contracting parties can leave some issues to be determined at a later date without creating an unenforceable agreement to agree.
- Failure strictly to comply with notice provisions is not necessarily fatal to the exercise of an option.
- The corporate veil can be pierced - but only in very limited circumstances.
Parties who contract on the basis of agreed facts will be held to that agreement - even where the agreed facts are untrue.
- Failure to use the words "subject to contract" in an offer letter results in a binding contract being formed.
An unreasonable failure to respond to an offer to mediate can be penalised in costs.
- Court of Appeal confirms tough new approach to non-compliance with procedural rules.
- Court of Appeal refuses to allow implied term on the basis that it would involve an impermissible re-writing of the parties' contract.
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