Construction Law in UK Law

  • Swain v Hillman
    • Court of Appeal
    • 21 Oct 1999
  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 Nov 2011
    ...... Introduction and factual background . 1 This appeal raises a short question of construction of shipbuilder's refund guarantees given pursuant to six shipbuilding contracts ("the Contracts"). The Contracts, which were all dated 11 May 2007, ......
  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 Apr 1956
    ......Fraser & Co. [1944] A.C. 265 at p. 281: "Whether this result follows from a true construction of the contract or whether it is necessary to imply a term or whether again it is more accurate to say that the result follows because the basis of ......
  • Flannery and Another v Halifax Estate Agencies Ltd, trading as Colleys Professional Services
    • Court of Appeal
    • 18 Feb 1999
    ...... with expert evidence, it should usually be possible to be more explicit in giving reasons: see Bingham LJ in Eckersley -v- Binnie 18 Construction Law Reports 1 at page 77: "In resolving conflicts of expert evidence, the judge remains the judge; he is not obliged to accept evidence simply ......
  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 Jul 1973
    ...... to accept clause 14 of the contractors' conditions and the decision of this case must, in my view, depend ultimately on the proper constructions of the terms of that clause which are as follows: "Payments (both interim and final) as stated overleaf will be made to the ......
  • Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
    • House of Lords
    • 03 Mar 1970
    ......I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day ......
  • Save Britain's Heritage v Number 1 Poultry Ltd
    • House of Lords
    • 28 Feb 1991
    ...... . 22 This difference of opinion turns upon the construction of the decision letter rather than upon any question of law. I cannot help thinking that some misunderstanding of counsels' submissions may have ......
  • Murphy v Brentwood District Council
    • House of Lords
    • 26 Jul 1990
    ...... in time to prevent injury but that a local authority which had failed to discover the defect by careful inspection during the course of construction was so liable. . . 33 Batty v. Metropolitan Property Realisations Ltd. [1978] Q.B. 554 was a case where a house which ......
  • Royal Brompton Hospital NHS Trust v Hammond (No. 5)
    • Court of Appeal
    • 11 Apr 2001
    ......] EWCA Civ 550 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM TECHNOLOGY AND CONSTRUCTION COURT HIS HONOUR JUDGE RICHARD SEYMOUR QC Royal Courts of Justice Strand, London, WC2A 2LL . Before: . Lord Justice Aldous . ......
  • Edinburgh Council (City of) v Secretary of State for Scotland
    • House of Lords
    • 16 Oct 1997
    ...... it became clear in the course of counsel's argument that the issue which the appellants regard as one of fact depends upon the proper construction of the entries in the list. So it seems to me that the underlying question - if it is truly one of construction - is one of law. . . 13 The ......
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