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16 September 2022
Issue: 7994 / Categories: Legal News , Commercial
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NLJ this week: Bad contract? Tough luck!

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When it comes to contracts, it’s all black and white from a court’s perspective

Writing in this week’s NLJ, Richard McMeeken, partner at Morton Fraser, covers two recent decisions in the Scottish courts in which the courts stuck firmly to the wording of the contract. That means no escape from a bad bargain.

The law in Scotland and England is closely aligned in this area, and is approached on the same basis north and south of the border.

McMeeken writes that ‘the pursuer relied heavily on precontractual discussions and negotiations between the parties’, but to no avail in the civil appeal court, the Inner House of the Court of Session.
Issue: 7994 / Categories: Legal News , Commercial
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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