Amendments in retrospect—Repair or replace? (R v Revenue and Customs Commissioners)

Table of contents

• What are the practical implications of this case?
• Clarity in drafting amendments
• Objective assessment of intention
• Significance of statutory implications
• Context and commercial logic
• Avoiding absurd results
• What was the background?
• What did the court decide?
• Variation v Replacement in contracts
• Statutory regime relevance

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Article summary

Commercial analysis: An appeal was brought to the Supreme Court to determine the correct characterisation of a contract. The dispute related to whether two parties had varied an existing contract or rescinded and replaced it with a new one. The Court reviewed the applicable principles and decided that the agreements in question did constitute new agreements rescinding and replacing the former contracts. The appeal was therefore dismissed. Written by Alexander Whatley, barrister at 3PB Chambers.