Roll up, roll up: catch up with what you missed in 2013

06 January 2014

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.