Q&As

In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?

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Produced in partnership with Iqbal Mohammed of St Philips Chambers
Published on: 28 April 2021
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There is potentially a difference between the Use of the words ‘will,’ ’shall’ or ‘must’ but it depends on the context and the document as a whole.

Traditionally, the word ‘must’ is seen to convey an absolute obligation, present or future and is preferred in orders or legislation. It tends to convey the same meaning whether in first or third person. On the other hand, the word ‘will’ conveys an obligation in first person, but a future Intention in third person. Conversely, ‘shall’ conveys a future

Iqbal Mohammed
Iqbal Mohammed

Iqbal practises commercial and property law at St Philips chambers. He is a member of the Midlands Commercial & Chancery Bar Association and the Property Bar Association. Iqbal completed an LLM in commercial law in which he specialised in partnership law.

Iqbal’s practice covers a range of commercial, property and insolvency disputes in the Business & Property Courts, primarily trial work, where Iqbal is instructed at pre-action stage all the way through to trial.

In his commercial work, Iqbal regularly acts for companies in contractual matters, whether in court or mediation. Iqbal’s property work focuses on disputes over ownership of land, trusts or disputes. He has acted in ADR involving expert determination on, for example, the value of proprietary rights. His property work has significant cross-over, for example, claims involving commercial agreements relating to land or partnership disputes over land. Iqbal’s insolvency work includes acting for office holders, directors, and creditors. Iqbal has acted to challenge the making of administration orders and in defence of directors facing disqualification proceedings.

Iqbal is a contributor to LexisNexis and also writes his chambers’ quarterly newsletter which covers case updates and legal news.

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Jurisdiction(s):
United Kingdom
Key definition:
Agreement definition
What does Agreement mean?

Agreement is broadly defined under EU and UK competition law so as to include activities ranging from a legally enforceable contract between two or more parties to an informal albeit clear understanding, whether entered into in writing or verbally.

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