Parol Evidence in UK Law

Leading Cases
  • HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
    • Court of Appeal (Civil Division)
    • 21 May 2001

    Moreover, in Youell v. Bland Welch and Punjab National Bank v. de Boinville it was common ground that the policies in question were intended to supersede the slips. Where it is common ground that one contract has been intended to supersede an earlier contract, it must follow that the parties' contract must be found exclusively in the later contract. Thus the earlier contract cannot be used to add to, or modify, the later contract.

    The difficulty of course is that, where the later contract is intended to supersede the prior contract, it may in the generality of cases simply be useless to try to construe the later contract by reference to the earlier one. Where the later contract is identical, its construction can stand on its own feet, and in any event its construction should be undertaken primarily by reference to its own overall terms.

  • Evans (J.) & Son (Portsmouth) Ltd v Andrea Merzario Ltd (Ruhr)
    • Court of Appeal (Civil Division)
    • 13 November 1975

  • Timmins v Moreland Street Property Company Ltd
    • Court of Appeal
    • 30 July 1957

    The rule has no doubt been considerably relaxed since Peirce v. Corf was decided in 1874, but I think it is still indispensably necessary, in order to justify the reading of documents together for this purpose, that there should be a document signed by the party to be charged which, while not containing in itself all the necessary ingredients of the required memorandum, does contain some reference, express or implied, to some other document or transaction.

  • Pettitt v Pettitt
    • House of Lords
    • 23 April 1969

  • Scammell (G.) & Nephew Ltd v Ouston (H. C. & J. G.)
    • House of Lords
    • 16 December 1940

    The object of the Court is to do justice between the parties, and the Court will do its best, if satisfied that there was an ascertainable and determinate intention to contract, to give effect to that intention, looking at substance and not mere form. It will not be deterred by mere difficulties of interpretation. Difficulty is not synonymous with ambiguity so long as any definite meaning can be extracted.

  • Steadman v Steadman
    • House of Lords
    • 19 June 1974

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Legislation
  • Distress for Rent Act 1737
    • UK Non-devolved
    • January 01, 1737
    ... ... of what was so held or enjoyed; and if in Evidence on the Trial of such Action any Parol Demise ... or any Agreement (not ... ...
  • Law of Property Act 1925
    • UK Non-devolved
    • January 01, 1925
    ... ... of title to an intended assign, form part of the title, or evidence of the title, to the lease ... (10) This section, save where otherwise ... contained with respect to the creation of interests in land by parol—(a) no interest in land can be created or disposed of except by writing ... ...
  • Judicial Committee Act 1833
    • UK Non-devolved
    • January 01, 1833
    ... ... 7: Evidence may be taken viva voce, or upon written Depositions ... It shall be ... testimony, it shall be lawful for the said Committee to direct that parol evidence of the testimony of such witness shall be received ... 14: ... ...
  • Court of Admiralty (Ireland) Act 1867
    • UK Non-devolved
    • January 01, 1867
    ... ... Court for the Purpose of taking down and transcribing all such Evidence, Statements, and Matters as the Judge shall direct; and any Person so ... his Testimony, the said Court of Appeal in Chancery may direct that parol Evidence of the Testimony of such Witness shall be received. S-102 ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • The Franchise Affair - Key Recent Developments Relevant To Franchising
    • Mondaq United Kingdom
    ... ... A basic principle of contract law is that outside evidence ... cannot be admitted to vary a written contract. This is a common law ... principle known as the 'parol evidence' rule. So if that is ... the case, why do we have entire ... ...
  • Construction - YJL Ltd v Jacobs One Ltd
    • Mondaq UK
    ... ... She went on to say that "the evidence of what happened in prior years does not aid the construction of the ... I do not see how the parol evidence rule can exclude prior contracts, as distinct from mere ... ...
  • Weekly Update - A Summary Of Recent Developments In Insurance, Reinsurance And Litigation Law 36/10
    • Mondaq United Kingdom
    ... ... A case on whether a prior gentleman's agreement is admissible as evidence to construe a later written agreement ... This Week's Caselaw ... v New Hampshire [2001] Rix LJ expressed the view that (although the parol evidence rule excludes mere negotiations) it is permissible to look at ... ...
  • (Re)insurance Weekly Update 38- 2017
    • Mondaq UK
    ... ... She went on to say that "the evidence of what happened in prior years does not aid the construction of the ... I do not see how the parol evidence rule can exclude prior contracts, as distinct from mere ... ...
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