BETWEEN Hugh Sinclair Arbuthnott Respondent and Patrick Feltrim Fagan Appellant and BETWEEN: Michael Eunan Mclarnon Deeny Respondent and Gooda Walker Ltd ((in Liquidation)) Appellant
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE STEYN,LORD JUSTICE HOFFMANN |
| Judgment Date | 13 December 1993 |
| Judgment citation (vLex) | [1993] EWCA Civ J0730-2 |
| Docket Number | No. QBCM1 93/0903/B |
| Court | Court of Appeal (Civil Division) |
| Date | 13 December 1993 |
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134 cases
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Virgin Aviation TM Ltd v Alaska Airlines Inc. (formerly Virgin America Inc.)
...may occur as “ a common consequence of a determination to make sure that one has obliterated the conceptual target” ( Arbuthnott v Fagan [1995] CLC 1396 at 1404, Hoffman LJ) and the position in an individually negotiated contract where two provisions appear to conflict, such as Clause 3.6 a......
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Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA
...domestic 'blend', which still raises elusive questions, was described by Sir Thomas Bingham MR (as he then was) in Arbuthnott v Fagan [1995] C.L.C. 1396: "Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be infor......
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Lennon v Commissioner of Police of the Metropolis
... ... advice Ñ Whether defendant liable for loss In 1998 the claimant, a police o±cer serving with ... Police Service; Russell, Jones & Walker. HD Court of Appeal Redrow Homes (Yorkshire) Ltd ... subcontracted to work for the respondent company which specialised in house building ... ...
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The Kyrgyz Republic v Stans Energy Corporation and Another
... ... Case No: CL-2017-000115 IN THE HIGH COURT OF JUSTICE BUSINESS AND ... Jorupbekova Report submitted by the Respondent, "[t]he Russian word "pea?u?a?u?" (literally, ... Thus in Arbuthnott v Fagan [1996] L.R.L.R. 135 Steyn LJ (as he ... ...
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3 firm's commentaries
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Transferable Nil Rate Band Where Now?
...There is always some context to any utterance, however meagre." To the same effect, Sir Thomas Bingham MR said in Arbuthnott v Fagan [1995] CLC 1396, that "[c]ourts will never construe words in a ... Indeed, the well known suggestion of James LJ in Boyes v Cook (1880) 14 Ch D 53, 56, that, ......
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Any Amendment Must be in Writing, Signed by the Parties - Sometimes Contracts Quite Literally Do Not Mean What They Say
...elegant and concise formulation of the operative rule of contractual construction, as articulated by Bingham MR in Arbuthnot v. Fagan, [1995] CLC 1396: "Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be informe......
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Any Amendment Must Be In Writing, Signed By The Parties
...elegant and concise formulation of the operative rule of contractual construction, as articulated by Bingham MR in Arbuthnot v. Fagan, [1995] CLC 1396: "Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be informe......
1 books & journal articles
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Concurrent Duties
...of concurrent liability’ (1995) 48 CLP 103, 118 (emphasisadded).61 See also Sir Thomas Bingham MR in the Court of Appeal in Henderson [1994] CLC 55, 63.62 Burrows, n 60 above, 123.63 Subject, of course, to an express contractual term to this effect. For a policy argument to thiseffect, reje......