Contract interpretation

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Practice notes
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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9th Nov
Practice notes
This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering jurisdiction. For...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov
Precedents
This Precedent and Drafting Note provide guidance on key model directions from the justice.gov.uk website’s ‘menu of model paragraphs’. They should be...
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9th Nov
Practice notes
What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...
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9th Nov

Most recent Contract interpretation content

Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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12th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia; Canada; Germany; Japan; Mexico; Spain; Switzerland;...
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9th Apr
Practice notes
Contractual set-off is one of the five main types of set-off described in Practice Note: Types of set-off.Contractual set-off arises where a right of...
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8th Apr
Practice notes
Contract interpretation—starting point—the contract itselfUnless alleging mistake, fraud or misrepresentation, parties are bound by the documents...
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8th Apr
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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8th Apr
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
Read More >
8th Apr
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
Read More >
8th Apr
Practice notes
This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the...
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8th Apr
Practice notes
What are contractual terms?The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another.A...
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8th Apr
Practice notes
Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is...
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8th Apr
Practice notes
This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of...
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8th Apr
Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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8th Apr
Practice notes
Claims for breach of contract often involve analysis of whether or not the term alleged to have been breached is one which allows the innocent party...
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8th Apr
Practice notes
NOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use ctrl+f to search its contents.The general...
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8th Apr
Practice notes
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...
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8th Apr
Practice notes
When advising on contractual construction you should consider:•the guiding principles used by the court when interpreting the meaning of contracts,...
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30th Mar
Practice notes
Key questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are the parties’ respective rights and...
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30th Mar
Practice notes
This Practice Note considers good faith in commercial agreements. It examines the concept of good faith and the extent to which it is applied in...
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29th Mar
Practice notes
Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...
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15th Mar
Practice notes
This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and...
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11th Mar

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