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