Construction Law in UK Law
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Rainy Sky SA and Others v Kookmin Bank
... ... 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, ... ...
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Murphy v Brentwood District Council
... ... 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 ... ...
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Davis Contractors Ltd v Fareham Urban District Council
... ... 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 ... ...
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Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
... ... 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 ... ...
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Flannery and Another v Halifax Estate Agencies Ltd, trading as Colleys Professional Services
... ... 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 ... ...
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Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
... ... 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
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Edinburgh Council (City of) v Secretary of State for Scotland
... ... 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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Save Britain's Heritage v Number 1 Poultry Ltd
... ... 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 ... ...
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Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
... ... In February 1985 Stock Conversion entered into a contract with Ashwell Construction Company Limited (the third defendant) for the removal of such asbestos: such contract also contained a covenant against assignment. Practical ... ...
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