Megarry J adverted to the need for an even balance when construing a clause in a deed: ‘It is possible that the same approach might be adopted where the scales are tilted only slightly to one side or the other; but plainly it cannot apply where, apart from the effect of the rule against perpetuities or some other sources of invalidity, the court reaches the conclusion that one construction is clearly preferable to the other . . the right view may well be that, before the doctrine can apply, the court must be left in a state of real and persistent uncertainty of mind.’
Judges:
Megarry J
Citations:
[1969] 1 WLR 1197
Jurisdiction:
England and Wales
Citing:
Cited – In re Baden’s Deed Trusts CA 1969
The Court by a majority, determined the meaning of a deed of settlement by reference to the validity principle.
Harman LJ said: ‘the court is at liberty, if the considerations on both sides seem evenly balanced, to lean towards that which may . .
Cited by:
Cited – Tillman v Egon Zehnder Ltd SC 3-Jul-2019
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. The court particularly considered the severability of a section . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 12 April 2022; Ref: scu.675707