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4 Sep 2023, 2:04 am by Alessandro Cerri
The Court, however, applying the principles of construction established in Arnold v Britton, Wood v Capita and Rainy Sky, found that on a correct construction, the 1997 licence only licensed Ford’s US federal trade marks, and not any others. [read post]
27 Feb 2023, 8:04 am by Nick Austin and Sofia Papaspyropoulou
Contractual interpretation The Court first set out to construe Clause 11 of the Charterparty by applying the following usual principles of construction: (a) Its meaning was to be assessed in the light of (i) its natural and ordinary meaning, (ii) any other relevant provisions of the contract, (iii) the overall purpose of the clause and the contract, (iv) the facts and circumstances known or assumed by the parties at the time that the contract was made, and (v) commercial common sense… [read post]
4 Dec 2022, 10:05 am by Giles Peaker
To go back to Lord Neuberger’s words at paragraph 23 of Arnold v Britton, these are not obligations that clearly belong in this clause. [read post]
2 Dec 2022, 1:00 am by CMS
However, with reference to the decision in Arnold v Britton [2015] UKSC 36, the court considered that it is not its job to rescue a tenant from an “imprudent term” in a lease. [read post]
30 Nov 2021, 1:14 pm by Giles Peaker
Kensquare Ltd v Boakye (2021) EWCA Civ 1725 A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. [read post]
21 May 2021, 8:10 am by Paul Stern
Next week marks the one-year anniversary of the death of George Floyd, whose murder at the hands of a police officer led to national protests over policing in the United States. [read post]
19 Sep 2020, 6:30 am by Guest Blogger
  Jedediah Britton-Purdy David Singh Grewal Thanks to Jack Balkin for letting us comment on his Cycles of Constitutional Time. [read post]