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Webinar Unknown Defendants, Oral Contracts and Fraudulent Judgments Webinar (On-Demand)


In three decisions in the first quarter of 2019, the Supreme Court allowed appeals in two procedural cases involving the start and finish of claims, and in one concerning the interpretation of oral contracts. The claimants in those cases were all individuals: Ms Cameron, Ms Takhar and Mr Devani respectively.

In this webinar, Ian Gascoigne analyses these cases, explaining the factors which caused the Supreme Court to differ from the court below. He also comments on why it seems that justices in our highest court often find themselves at odds with their colleagues in the Court of Appeal.

Ian considers these questions:

  • Which principle comes out on top in the ‘bare-knuckle fight’ between the finality of judgments and penalising fraud in obtaining them?
  • Who can a victim sue if an unknown driver causes damage to their vehicle but does not stop, focusing on the difficulty of serving a claim form in that situation?
  • To what extent can a court use implied terms to decide the meaning of an oral contract where some parts of the deal have not been openly discussed between the parties?
  • What impact do the three levels of judicial decision-making have on advising clients in these common situations?
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Available until: Wed 01 Jul 2020



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