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January 7, 2016

For a number of years, the key decision as to when terms may be implied into a contract has been the Privy Council opinion in Attorney General of Belize and Others v Belize Telecom Ltd and Another1 (“Belize”). The opinion of the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Service Trust Co (Jersey) Ltd and Another2 (“M&S”) has revisited and largely reversed Belize.

 

The Facts of M&S

 

Marks and Spencer were the tenant and BNP Paribas the landlord under four commercial leases. Th...

January 7, 2016

It is undoubtedly the most technically difficult skill an advocate has to master. Cross examination, above all other parts of the trial lawyer’s duties, has the greatest scope and power to shift the dynamics of a trial or change the outcome of a case.

 

The cross-examining advocate must account for a myriad of factors that stem from the great fluidity of trial litigation with its wide range of potential outcomes and competing influences, including the prejudices of a jury, interventionism of the...

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