Oxwich Park: stepping back from the brink – contractual interpretation after Arnold v Britton

Simon Duncan


Abstract


In this paper Simon Duncan (Moon Beever, Solicitors) explains that in recent years the courts have placed greater emphasis on the commercial context of the contract concerned rather than a literalist approach of contractual interpretation resulting in the adoption of a more purposive view of any particular clause in a contract. Looking in detail at the Supreme Court decision in Arnold v Britton he suggests that there is an opportunity to reaffirm the principles of interpretation as the scope for the lower courts to apply a purposive interpretation to contractual clauses is now reduced.


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