The parties disputed the effect of a Tomlin order settling litigation between them. Under the order, if certain sums were not paid, the company was to be sold.
Held: Later behaviour could not be used to help interpret an agreement, and in this case the behaviour relied on was not unequivocal, and could not override the express terms agreed.
Judges:
Sales J
Citations:
[2009] EWHC 289 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd HL 1970
The parties disagreed as to the curial law of an arbitration agreement. The proper law of the building contract and the arbitration agreement was English but the reference was conducted in Scotland.
Held: Evidence of behaviour after a contract . .
Cited – HLB Kidsons (A Firm) v Lloyd’s Underwriters Subscribing to Lloyd’s Policy No 621/ Pk1D00101 and others CA 31-Oct-2008
In construing the terms of insurance policies written in the Lloyd’s market, counsel submitted that the court should have regard to the post-contract conduct of persons acting for the parties, on the basis that the conduct of those persons was . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 30 June 2022; Ref: scu.304544