header-logo header-logo

16 October 2009 / Ian Pease
Issue: 7389 / Categories: Features , Commercial
printer mail-detail

The edifice begins to crack

Ian Pease identifies the cracks in Chartbrook

Chartbrook Ltd v Persimmon Homes Ltd & Others [2009] UKHL 38, [2009] All ER (D) 12 (Jul) concerns the proper construction of the terms of a contract.

It represents the most important case in this area since Bank of Credit and Commerce International SA v Ali and Others [2002] 1 AC 251 which itself built upon Investors Compensation Scheme Ltd (ICS) v West Bromwich Building Society [1998] 1 All ER 98, Lord Hoffmann having given judgments in both.

Superficially Chartbrook appears to be “business as usual” and a fairly conventional endorsement of the line on contractual construction that the House of Lords had taken in those former cases. However, this may be a misconception, for the case contains some obiter remarks from three of the judges that tend to indicate that a change is in the offing.

The most important aspect of the case is the extent of the context and background that the court can legitimately take into account when construing contract terms and,

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll