Litigation Notes
Tag: interpretation
Showing 48 out of 54 results
High Court decision illustrates danger of using "all" in a negative clause
In a recent decision, the High Court had to consider the proper construction of a term which entitled the parties to rescind "if all of the Conditions …
Court of Appeal refuses to imply term where contract incomplete
The Court of Appeal has held, by a majority, that no binding agreement was reached between the seller of several flats and an estate agent, as the …
Court of Appeal finds party confined to contractual remedy for breach of contract
The Court of Appeal has upheld a decision that a buyer under a long term gas sale agreement was confined to the contractual remedy of "Default Gas" and …
English law contracts post-Brexit: What changes should commercial parties expect?
The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key …
Court of Appeal confirms exclusion clauses should be construed narrowly if necessary to resolve ambiguity
In a recent decision on contractual interpretation relating to an exclusion clause, the Court of Appeal confirmed that, if necessary to resolve …
Court of Appeal resolves redemption dispute concerning £3.3bn "CoCo" notes by reference to their commercial purpose
In a recent decision on contractual interpretation relating to contingent convertible (or "CoCo") capital notes, the Court of Appeal has …
Supreme Court clarifies test for implying terms into a contract
In a judgment handed down yesterday morning, the Supreme Court has clarified the law on when the court can imply a term that the parties have not …
What does your contract mean? How the courts interpret contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in …
Court of Appeal considers incorporation of terms from framework agreements
Framework agreements are commonly used to facilitate similar transactions on consistent terms. In a recent decision, the Court of Appeal considered the …
Supreme Court re-emphasises importance of “natural meaning” in interpreting contracts
In interpreting a service charge provision in a number of long leases, the Supreme Court has concluded that arguments based on commercial common sense …
Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements
In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the …
Settlement held to release further phone hacking claims that were not known about at the time
The High Court has struck out claims for phone hacking on the basis that they were compromised by settlement agreements previously agreed between the …
Showing 48 out of 54 results
View more