Archive for the 'interpretation' Category

Row erupts over police interpreters – Law Society’s Gazette

“Detainees at police stations in four areas of the north-west are at risk of miscarriages of justice due to the police forces’ use of inadequate interpreters, the Gazette has been told.”

Full story

Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation – OUT-LAW.com

“Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.”

Full story

OUT-LAW.com, 12th August 2009

Source: www.out-law.com

Lords ruling reduces contracts’ certainty, says expert – OUT-LAW.com

“A landmark House of Lords ruling will undermine the certainty of contracts and could make it more expensive to take cases over contract interpretation to court, according to a contract law expert.”

Full story

OUT-LAW.com, 2nd July 2009

Source: www.out-law.com

Chartbrook Ltd and another v Persimmon Homes Ltd and another – WLR Daily

Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223

“The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation. The law of contract was designed to enforce promises with a high degree of predictability and if conventional meanings and syntax were to be displaced by inferences drawn from pre-contractual negotiations, the less predictable the outcome was likely to be. The availability of the remedies of rectification and estoppel by convention were safeguards which would in most cases prevent any injustice caused by the exclusion of that evidence.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another – Times Law Reports

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another

House of Lords

“There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant.”

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Commercial interpretation identifies prevailing jurisdiction clause, rules Court of Appeal – OUT-LAW.com

“One jurisdiction clause in one of hundreds of pages of documents cannot govern the whole agreement because no company acting in a normal commercial way would think that it would, the Court of Appeal has said.”

Full story

OUT-LAW.com, 30th June 2009

Source: www.out-law.com

Courts must read effect into ambiguous contracts, says Court of Appeal – OUT-LAW.com

“When a contract is poorly drafted and its effect unclear courts should interpret it in order to give it force rather than to render it void, the Court of Appeal has said.”

Full story

OUT-LAW.com, 24th March 2009

Source: www.out-law.com


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