header-logo header-logo

Some clarity on contracts

10 August 2017 / Nikki Edwards
Issue: 7759 / Categories: Features , Commercial
printer mail-detail

A recent Supreme Court case offers some valuable guidance on contractual interpretation, as Nikki Edwards explains

  • Wood v Capita Insurance Services Ltd clarifies the courts’ approach to contractual interpretation

Earlier this year the Supreme Court handed down judgment in Wood v Capita Insurance Services Ltd [2017] UKSC 24, [2017] All ER (D) 182 (Mar) a case which clarified the approach of the English courts to contractual interpretation and emphasised that the recent history of the common law of contractual interpretation is one of continuity rather than change. This article considers the perceived inconsistency prior to Wood and the guidance for the legal profession which was confirmed in this case.

The need for clarification

Wood concerned the interpretation of an indemnity clause in a sale and purchase agreement. The High Court decided the preliminary issue of the interpretation of the indemnity clause in favour of the appellant. This decision was overturned by the Court of Appeal.

In the Supreme Court, the appellant sought to argue that the Court of Appeal had fallen into

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

University of Manchester: The LLM driving tech-focused career growth

University of Manchester: The LLM driving tech-focused career growth

Manchester’s online LLM has accelerated career progression for its graduates

mfg Solicitors—Philip Chapman

mfg Solicitors—Philip Chapman

Regional firm strengthens corporate team with partner hire

Switalskis—Sally Christey, Mathew Abiagom & Cyman Kaur

Switalskis—Sally Christey, Mathew Abiagom & Cyman Kaur

Commercial property team expands with trio of appointments

NEWS
Judging is ‘more intellectually demanding than any other role in public life’—and far messier than outsiders imagine. Writing in NLJ this week, Professor Graham Zellick KC reflects on decades spent wrestling with unclear legislation, fragile precedent and human fallibility
The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
back-to-top-scroll