William Hare Limited and another v Shepherd Construction Limited [2009] EWHC 1603 (TCC), [2009] All ER (D) 01 (Sep)
It was established case law that where there was a dispute about the meaning and effect of a particular contractual provision, the starting point was to assess the words used and the natural and ordinary meaning of those words.
Care was to be taken to ensure that the words were not interpreted too literally or at the expense of business common sense. Where a contract incorporated the provisions of a statute, there was no presumption either way as to whether the reference was to the law in force at the relevant time.
The answer depended upon the proper construction of the words of incorporation in the context in which they were used.
