Latest by Sean Cannon

Blog

Court of Appeal says no to purely factual appeals

Published on 12 May 2022. By Dan Wyatt, Partner and Sean Cannon, Associate

In the context of a dispute as to whether funding provided from a father to his son to purchase a property constituted a gift or a loan, the Court of Appeal re-articulated the very limited circumstances in which an appeal court may interfere with a trial judge's conclusions on primary facts. The trial judge must be "plainly wrong", in the sense that their conclusion was "rationally insupportable" in order to warrant such interference. The court also considered a list of features of purely factual appeals which are unlikely to succeed in the appeal court.

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When will the court step in to correct a contractual mistake?

Published on 05 August 2021. By Sean Cannon, Associate and Daniel Hemming, Partner

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Only if contractual provisions are "nonsensical or absurd" will the Court intervene to correct mistaken drafting. The Court of Appeal recently considered this issue in the context of a dispute between a landlord and tenant in MonSolar IQ Ltd v Woden Park Ltd.(1)

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The Court of Appeal provides useful reminder of the force of the "subject to contract" label in the context of settlement negotiations

Published on 17 December 2020. By Sean Cannon, Associate and Daniel Hemming, Partner

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A Part 36 offer does not alter the status of "subject to contract" protection in solicitors' correspondence settling a dispute.

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Trainees Take on 2020

Published on 27 February 2020. By Elizabeth Zang, Associate and Georgia Durham, Associate and Matt Davies, Trainee Solicitor and Poppy St John, Associate and Sean Cannon, Associate

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RPC's trainees had mixed fortunes in attempting to predict the major events of 2019. As can be seen from our 2019 predictions blog, Theresa May's departure was correctly predicted, but the trainees were well wide of the mark in forecasting Beto O'Rourke as the frontrunner for the Democratic nomination for the US Presidency: Beto suspended his campaign on November 1 2019, a full four months before primary season. No one foresaw the UK's first December general election since 1923 either, which is perhaps more forgivable.

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