Arnold v Britton & ors [2015] UKSC 36 – Page 5 – Law Journals

Contract: Bit of an aggregation?

David Niven and Elisabeth Mason look at aggregation clauses and the AIG Europe case ‘AIG’s case was that the claims brought by the 214 investors against TILP arose from “similar acts or omissions in a series of related matters or transactions”… and should therefore be aggregated, with the result of limiting AIG’s liability.’ The High …

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Contract: Clear skies? Comparing Arnold v Britton to Rainy Sky SA v Kookmin Bank

David Sawtell considers some key points of contract interpretation ‘Much of the difference between the decisions in Rainy Sky and Arnold is explained by the ambiguity of the disputed term in the former decision and the clarity of the clause under review in the latter.’ It is trite to state that the purpose of contractual …

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Contract: No Rainy Sky over the Gower Peninsula

Clare Arthurs and Sebastian Kokelaar examine the role of commercial common sense in the interpretation of contracts after Arnold v Britton ‘Arnold does not represent a radical departure from what was said in Rainy Sky about commercial common sense. Both decisions underline the primacy of the words used by the parties.’ In the case of …

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Interpretation Of Contracts: When words speak louder than actions

A recent Supreme Court ruling took a very literal approach to the interpretation of service charge provisions. Robin Biela assesses the judgment and its implications ‘There is considerable benefit for both landlord and tenant in having a fixed service charge that increases by reference to clear, objective criteria and requires no outside information.’ In Arnold …

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Update: Caravan parks and rainy days

Chris Bryden, Agata Patyna and Matthew Shaw evaluate a recent Supreme Court decision dealing with the interpretation of contracts ‘The High Court agreed with the buyers’ interpretation, but the Court of Appeal overturned it and entered summary judgment in favour of the respondent bank.’ When dismissing the appeal of the lessees in the Court of …

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