Exclusionary Rule in UK Law
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Construction Of Contracts: No Room For Negotiation
... ... basic rule is that the court is required to take into account what ... a reasonable ... An exception to this approach is the exclusionary rule. This ... rule prohibits the admissibility of pre-contractual ... ...
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Shell UK Ltd and others v Total UK Ltd and another-Duty of Care owed to Beneficial Owners
... ... In doing this, it relied upon what it described as "the rule recognised by many authorities" that only a legal owner or someone with an ... , the appeal court decided to look more closely at the "exclusionary rule" and its rationale. The rule, according to the main textbook, states ... ...
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Natural Meaning Of A Settlement Agreement Releases Claims Against Party's Own Affiliates
... ... mean (the "exclusionary rule") and (iii) what the ... appellants sought to establish in relying on ... ...
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Costly Contracts And Problematic Punctuation
... ... construction of a contractual term (the "exclusionary ... principle") ... To view the article in full, please see ... Full ... established case for revisiting the rule in Prenn v ... Simmonds (1971) 1 WLR 1381 that pre-contractual ... ...
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Sexual Infidelity And Loss Of Control: R V Clinton (Jon-Jacques) [2012] EWCA Crim 2
... ... to potential injustices resulting from the application of the exclusionary rule to unrealistically compartmentalise sexual infidelity so as to remove ... ...
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A Summary Of Recent Developments In Insurance, Reinsurance And Litigation Law
... ... title to the property), but His Lordship had not intended to rule out the owner in equity, provided that the legal owner was also joined to ... The starting point was the exclusionary rule that no duty is owed by a defendant who negligently damages property ... ...
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Open To Interpretation
... ... actual pre-contractual consensus is not an exception to the exclusionary rule prohibiting evidence of negotiations or statement of a party's ... ...
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With Or Without Prejudice? - Exceptions To The 'Without Prejudice' Rule
... ... It should be noted that this decision does not override the "exclusionary rule" upheld in the case of Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38: whilst that rule excludes evidence of what was said or done in the ... ...
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Entire Agreement? Admissibility Of Pre-Contract Negotiations
... ... the one hand it affirms the exclusionary rule established in ... Prenn v Simmonds [1971], the Lords stepped in and ... ...
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High Court Considers Application Of Much-Criticised Exception To Without Prejudice Rule
... ... He observed, however, that this was simply the consequence of an exclusionary rule. The WP rule is broad in its effect and with narrow exceptions. Although the list of those exceptions is not closed, any exception must be "of ... ...
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