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

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Leeds office strengthened with triple partner hire

Clarke Willmott—Oksana Howard

Clarke Willmott—Oksana Howard

Corporate lawyer joins as partner in London office

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
back-to-top-scroll