Construction Law in UK Law

  • 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, ... ...
  • BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd
    • Court of Appeal (Civil Division)
    • 30 November 2001
    ... ... By its Defence Chesterfield denies liability, contending (among other things) (a) that under the terms of the Agreement, on their true construction, its liability for the alleged breaches (which are denied) is materially less than that contended for by BHP, and (b) that it has in any event been ... ...
  • Evans and another v Jones and another
    • Court of Appeal (Civil Division)
    • 07 July 2016
    ... ... noted at [40] that the Court of Appeal had not disagreed with anything in the Chancellor's judgment "so far as it related to statutory construction." He referred again to those paragraphs at [43]. I cannot see any criticism of the proposition of law stated by Morritt C at [30] of his own ... ...
  • 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 suffered no ... ...
  • 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 ... ...
  • Meretz Investments NV v ACP Ltd
    • Chancery Division
    • 11 December 2007
    ... ... contingency plan 25 Mr Tamimi gets involved in financing construction 28 Mr Stern intervenes 32 ... ...
  • 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 ... ...
  • 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 ... ...
  • Ruxley Electronics and Construction Ltd v Forsyth
    • House of Lords
    • 29 June 1995
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