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20 June 2013
Categories: Case law , Law digest , In Court
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Pensions

Royal Mail Group Ltd v Evans and others [2013] EWHC 1572 (Ch), [2013] All ER (D) 82 (Jun)

It was settled law that, where the construction of contracts and other instruments were concerned, the process was first, one of interpreting the words the parties had used. The court had to ascertain the meaning which a document would convey to a reasonable person having all the background knowledge, which would reasonably have been available to the parties in the situation in which they were at the time of the contract. The words used in the document should be given their ordinary and natural meaning and had to be read in the context of the background matrix of fact. Where there were two possible interpretations, the weight to be given to the commercial consequences must depend on the degree of ambiguity of the language concerned. It was settled law that a pension scheme should be construed so as to give a reasonable and practical effect to the scheme. It was necessary to test competing permissible constructions against the consequences they produce

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

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Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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