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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll