Philips Electronique Grand Public SA v British Sky Broadcasting Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1995 |
| Date | 1995 |
| Year | 1995 |
| Court | Court of Appeal (Civil Division) |
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150 cases
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Mogens Alex Bastholm v Peveril Securities (Dalton Park Retail) Ltd
...six comments on the summary given by Lord Simon in the BP Refinery case 180 CLR 266, 283 as extended by Bingham MR in the Philips case [1995] EMLR 472 and exemplified in The APJ Priti [1987] 2 Lloyds Rep 37. First, in Equitable Life Assurance Society v Hyman [2002] 1 AC 408, 459, Lord S......
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Astra Asset Management UK v The Co-operative Bank Plc
...any express term of the contract”; ii) cited (at §19) Sir Thomas Bingham MR's statement in Philips Electronique Grand Public SA v British Sky Broadcasting Ltd [1995] EMLR 472, 482 that: “The question of whether a term should be implied, and if so what, almost inevitably arises after a crisi......
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Sembcorp Marine Ltd v PPL Holdings Pte Ltd
...Ed, 2011) (“McMeel”) at p 315. Similarly, Sir Thomas Bingham MR in Philips Electronique Grand Public SA v British Sky Broadcasting Ltd [1995] EMLR 472 (“Philips Electronique”) observed (at 481): The courts’ usual role in contractual interpretation is, by resolving ambiguities or reconciling......
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AET Inc. Ltd v Arcadia Petroleum Ltd (The Eagle Valencia)
...Bingham MR, giving the judgment of this court, which also comprised Stuart-Smith and Leggatt LJJ, in Phelps Electronique Grand Public SA v British Sky Broadcasting Limited [1995] EMLR 472. 17. Rix LJ quoted an extensive passage at pages 480 to 482 in Phelps. So I will not do the same but wi......
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1 firm's commentaries
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Contractual interpretation disputes from the Trustee's perspective: The saga continues
...and to the reservations expressed by Bingham MR in Philips Electronique Grand Public SA v British Sky Broadcasting Ltd ("Philips") [1995] EMLR 472, 481, where Bingham MR noted that it may well be doubtful whether an omission was the result of the parties' oversight or of their deliberate de......
7 books & journal articles
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CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
...4 SLR 1267 at [36]. 45 Foo Jong Peng v Phua Kiah Mai [2012] 4 SLR 1267 at [36]. 46 [2009] EWCA Civ 531; [2010] 1 All ER (Comm) 1. 47 [1995] EMLR 472 481. 48 See Paul S Davies, “Recent Developments in the Law of Implied Terms” [2010] LMCLQ 140 at 146, citing Mediterranean Salvage & Towage Lt......
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Interpretation of Contracts in Commercial Law: Competing Principles
...1990), at 12. 9 Ibid. 60 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1978) ALJR 20, at 26. 61 (1978) ALJR 20 at 26. 62 [1995] EMLR 472. 63 McKendrick, note 57, at 207. 64 Ibid, at 208. 65 [2007] EWHC 2933; [2007] All ER 171. [Vol. I11 2008] Interpretation of Contracts Perspective......
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CONTROLLING FAIRNESS IN STANDARD FORM CONTRACTS: WHAT CAN COURTS DO, AND WHAT SHOULD THEY DO?
...(Jersey) Ltd & Anor, [2015] UKSC 72 at para 27. (32) See Philips Electronique Grand Public SA v British Sky Broadcasting Ltd, [1995] EMLR 472 at (33) Thornton v Shoe Lane Parking, [1971] 2 QB 163, [1971] 1 All ER 686. (34) Tilden Rent-a-Car Co v Clendenning, [1978] 83 DLR (3d) 400, 18 O......
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E. Micheler, Company Law: A Real Entity Theory, Oxford, Oxford University Press, 2021, 320 pp, hb, £80.00
...which may objectionably involve re-writing the parties’ contract: PhilipsElectronique Grand Public SA vBritish Sky Broadcasting Ltd [1995] EMLR 472,481 per Bingham MR. Another explanation is that unless a term is obvious ornecessary generally the more plausible conclusion is that the contra......
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