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Literal or Contextual? What is the Correct Approach to Contractual Interpretation?

Over the last twenty years or so, the approach of the English courts to contractual interpretation has moved between a strict literal approach and a more purposive approach....

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Illegality and Unjust Enrichment: Supreme Court Reviews the Doctrine of Illegality

The Supreme Court in Patel v Mirza [2016] UKSC 42 has reviewed the doctrine of illegality and sought to clarify the extent to which it applies in civil proceedings.The specific...

12 February 2017

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Norton Rose Fulbright

English Governing Law Clauses and English Jurisdiction Clauses: Should Commercial Parties Change their Approach?

This post comes to us from Sarah Garvey and Karen Birch, both conflicts of laws specialists at Allen & Overy.We have prepared two short papers looking at...

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