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Assignments—proving title where contractual documentation is redacted for commercial sensitivity (Promontoria (Oak) Ltd v Emanuel)

Published on: 24 November 2021
Published by: LexisPSL
  • Assignments—proving title where contractual documentation is redacted for commercial sensitivity (Promontoria (Oak) Ltd v Emanuel)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: In a number of conjoined appeals, the Court of Appeal considered how a trial judge ought to approach issues relating to the redaction of parts of contractual documents where the redacting party needs to rely on the document(s) in order to establish title to sue. The Court of Appeal found that the correct approach to such matters had already been settled in an earlier case: Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907. To that guidance, the Court of Appeal indicated that if a defendant intended to raise issues relating to redaction then those issues ought to be raised either on an interlocutory application or at a case management conference. It was inappropriate, as a matter of practice, to leave them until trial. Written by Christopher Snell, barrister at New Square Chambers. or take a trial to read the full analysis.

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