header-logo header-logo

Cracking the meaning

12 October 2012 / Andrew Francis
Issue: 7533 / Categories: Features , Property
printer mail-detail
79711390_4

Andrew Francis examines the risks involved in construing the wording of legal documents

Two recent authorities have demonstrated the risks encountered by clients, advisers and draftsmen when construing the words used in legal documents. In one case, the document containing the crucial words was, at the time of the judgment, just seven days past its 45th birthday. In the other case, the document in question was less than three years old at the time of the judgment at trial and just less than four years old at the time of the judgments delivered by the Court of Appeal.

Both demonstrate the wisdom shown by Humpty Dumpty in Alice Through the Looking-Glass where he said first: “When I use a word...it means just what I choose it to mean—neither more nor less.” And where he then said: “The question is...which is to be master—that’s all.”

Two cases in search of an answer

In this article, the two cases below will show how the intention of the parties to documents and the principles

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll