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07 July 2011
Issue: 7473 / Categories: Case law , Law digest , In Court
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Contract

Gard Marine & Energy Ltd v Tunnicliffe [2011] EWHC 1658 (Comm), [2011] All ER (D) 03 (Jul)

It was settled law that the correct approach to construction of a written contract was, first, that one was seeking to “ascertain the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract”. Secondly, in the context of a reinsurance contract, and in particular one expressed to be “subject to all terms, clauses, and conditions as Original and to follow the Original in every respect ...”, the factual matrix included the terms of and circumstances surrounding the underlying policy. Thirdly, the factual matrix would also include evidence about relevant market practices, which were widespread but not universal, if the existence of such practices was part of the background known to each party. Further, if the parties had used terms which bore not only an ordinary meaning and acceptation, but also one peculiar to the

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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