header-logo header-logo

Contract

10 September 2009
Issue: 7384 / Categories: Case law , Law digest
printer mail-detail

William Hare Limited and another v Shepherd Construction Limited [2009] EWHC 1603 (TCC), [2009] All ER (D) 01 (Sep)

It was established case law that where there was a dispute about the meaning and effect of a particular contractual provision, the starting point was to assess the words used and the natural and ordinary meaning of those words.

Care was to be taken to ensure that the words were not interpreted too literally or at the expense of business common sense. Where a contract incorporated the provisions of a statute, there was no presumption either way as to whether the reference was to the law in force at the relevant time.

The answer depended upon the proper construction of the words of incorporation in the context in which they were used.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll