Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
We’ve all been there. Rushing to get the deal done amidst increasingly fraught calls and emails between the client and other side.
Mistakes can happen when the pressure is on.
All too often commercial lawyers focus on making sure the contract they have drafted works well enough to get the deal through. However, transactional lawyers should not be afraid of putting on their ‘litigators hat’ well before the ink dries and terms are put to the test. Litigators often have to analyse contractual terms and wording when relations go sour.
So, understanding the principles of contractual interpretation are just as important to the transactional lawyer as they are to the litigator.
A recent Court of Appeal decision has re-stated the principles of contractual interpretation (Andrew Wood v Sureterm Direct Ltd & Capita Insurance Services Ltd). In this case, Capita Insurance Services Ltd acquired the entire shareholding of Sureterm Direct Ltd, of which Mr Wood was a majority shareholder.
In the sale and purchase agreement, the sellers agreed to indemnify Capita in respect of losses relating to the misselling of insurance products prior to the share sale. A dispute arose about that very point and the scope of the indemnity clause was called into question.
(Subscribers to Lexis®PSL can click
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234