Tag Archives: Interpretation

Court of Appeal considers meaning of requirement to notify insurers “as soon as possible” after event likely to give rise to a claim

The Court of Appeal has confirmed that an insurer could not rely on a condition precedent relating to notification to avoid liability under a public and product liability policy: Zurich Insurance PLC v Maccaferri Limited [2016] EWCA Civ 1302. At first instance, … Continue reading

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High Court considers requirements for demand under a guarantee

In a recent decision, the High Court enforced a demand guarantee against a guarantor who claimed that sums due had not been demanded in accordance with the guarantee's terms, including because an incorrect delivery method had been used: MUR Joint … Continue reading

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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 have not been discharged" by the longstop date: Dooba Developments Limited v McLagan … Continue reading

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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 parties had failed to agree the circumstances in which the agreed rate of … Continue reading

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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 could not also pursue a claim in damages for the sellers' failure … Continue reading

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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 attractions of English law will remain. Brexit may, however, have implications for particular aspects of … Continue reading

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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 ambiguity, exclusion clauses should be narrowly construed: Nobahar-Cookson & Ors v The Hut Group Ltd [2016] EWCA Civ … Continue reading

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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 overturned the High Court's decision and held that a series of such notes issued by members of Lloyds Banking Group … Continue reading

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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 expressly included in their contract, endorsing the traditional approach that the term either must … Continue reading

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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 the circumstances that have come about. If the parties … Continue reading

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