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Banking – Guarantee. The issue on an appeal from Mauritius was whether it was open to the claimant company to bring a claim in tort against the defendant bank on the basis that awareness on the bank's part of the state of account between the parties to an underlying sale and purchase contract, precluded the bank from claiming an indemnity in respect of advances concerning the price of goods, for which it had not been repaid. The Privy Council, dismissing the company's appeal, held that it was not. Where parties had entered into carefully structured contractual arrangements, involving two separate and autonomous contracts, it was impossible for the law to recognise tortious duties outside and cutting across the terms and performance of those contracts.
Banking – Guarantee. The issue on an appeal from Mauritius was whether it was open to the claimant company to bring a claim in tort against the defendant bank on the basis that awareness on the bank's part of the state of account between the parties to an underlying sale and purchase contract, precluded the bank from claiming an indemnity in respect of advances concerning the price of goods, for which it had not been repaid. The Privy Council, dismissing the company's appeal, held that it was not. Where parties had entered into carefully structured contractual arrangements, involving two separate and autonomous contracts, it was impossible for the law to recognise tortious duties outside and cutting across the terms and performance of those contracts.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
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Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
