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Not just any contract…

25 November 2016 / Andrew Burns KC , Ishaani Shrivastava
Issue: 7724 / Categories: Features , Commercial
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Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer

  • The importance of the traditional tests for implied terms.
  • Commercial parties should not rely on the courts to correct contracts.

The circumstances in which courts will imply a term into a commercial contract and the Hoffmann approach to contractual interpretation has been a matter of controversy between practitioners, academics and even between judges in recent years. Marks & Spencer v BNP Paribas Securities [2015] UKSC 72, [2016] 4 All ER 441 gave the Supreme Court an opportunity to clarify this vital area of the law of contract. But has the Supreme Court’s gentle rejection of Hoffmann’s unitary theory of contractual construction taken the courts into calm or stormy waters in the months following its definitive rulings?

Has the Supreme Court’s gentle rejection of Hoffmann’s unitary theory of contractual construction taken the courts into calm or stormy waters?

Implied rent rebate?

The question in Marks & Spencer was whether a rent

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

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Taylor Wessing—Max Millington

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Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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