Construction Law in UK Law

  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 October 1999
  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 November 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 April 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 ......
  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 July 1973
    ......That would not be construction but adding words which are not there. I am clearly of opinion that what is on the face of it a "penalty" clause cannot be saved in that way. ......
  • Flannery and Another v Halifax Estate Agencies Ltd, trading as Colleys Professional Services
    • Court of Appeal (Civil Division)
    • 18 February 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 ......
  • Murphy v Brentwood District Council
    • House of Lords
    • 26 July 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 ......
  • Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
    • House of Lords
    • 03 March 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 February 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 ......
  • Abernethy v Mott, Hay and Anderson
    • Court of Appeal (Civil Division)
    • 06 February 1974
  • Edinburgh Council (City of) v Secretary of State for Scotland
    • House of Lords
    • 16 October 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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