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15 March 2012
Issue: 7505 / Categories: Case law , Law digest , In Court
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Contracts

McKillen v Misland (Cyprus) Investments Ltd and another [2012] EWCA Civ 179, [2012] All ER (D) 41 (Mar)

It was well established that as part of the interpretation exercise a court could read words into a document which were not already there. It could and would, however, only do so in a case in which it was satisfied that it was necessary to do so in order to reflect what it was satisfied had been its true meaning. That was: “The meaning which the instrument would convey to a reasonable person having all the background knowledge which would be reasonably available to the audience to whom the instrument is addressed”. However, it was not any part of the court’s interpretative exercise to improve upon the instrument that it was called upon to construe.
 

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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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