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 effectuate rather than frustrate the settlor’s intentions . . I by no means hold that the court may take this course by flying in the teeth of the provisions of the deed, so that the weaker view may prevail because it is likely to have an effectual result, but where the terms of the deed produced a balance so even as the present I am of opinion that the doctrine may be called in aid.’
Judges:
Harman LJ
Citations:
[1969] 2 Ch 388
Jurisdiction:
England and Wales
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. . .
Cited – Inland Revenue Commissioners v Williams ChD 1969
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, . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 10 April 2022; Ref: scu.675706