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12 October 2012 / Andrew Francis
Issue: 7533 / Categories: Features , Property
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Cracking the meaning

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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

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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