April 2018

Clauses in a contract must be interpreted:

  • by having regard to the language used in the light of the ordinary rules of grammar and syntax;
  • in the context of the clauses being interpreted and the agreement as a whole; and
  • taking into account the apparent purpose of the clauses so as to give the contract

In a curious case relating to the escape of wild animals the court analysed the nature of a deeming provision in a statute.

It found that a deeming provision may deem things to be what they are not. But something which is deemed may also be regarded as an exhaustive description of the subject matter.

The UK’s Serious Fraud Office (SFO), a government department that investigates and prosecutes serious or complex fraud and corruption, has replaced barristers with artificial intelligence (AI) to review documents and identify legally privileged material.

While barristers were previously tasked with sifting through documents, the SFO’s new AI system is able to process more than half

The use of artificial intelligence (AI) is a critically important tool which empowers lawyers to work more effectively, and provide increased value to clients. One of the ways that lawyers and their clients can benefit from AI is through the use of predictive analytics.

AI is better suited than its human counterparts to analyse and

A recent UK case made the following point regarding interpretation of contracts based on hypothetical, extreme examples:

‘There was also, as there sometimes is in commercial cases that turn on points of interpretation, the temptation to provide illustrations of ‘commercial sense’ by the use of hypothetical, and occasionally extreme, examples of what any particular interpretation