- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“… the document was executed, and (v) commercial common sense, but (vi) disregarding subjective evidence of any party's intentions. In this connection, see Prenn [1971] 1 WLR 1381, 1384-1386; Reardon Smith Line Ltd v Yngvar Hansen-Tangen (trading as HE Hansen-Tangen) [1976] 1 WLR 989 , 995-997, per Lord Wilberforce; Bank of Credit and Co…”
- Cited — Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers & Anor. 2022-10-27
“…[1971] 1 WLR 1381 to be incomplete.…”
- Cited — Mostyn House Estate Management Company Limited v Barry Youde & Ors. 2022-07-06
“…y of drafting of the contract, give more or less weight to elements of the wider context in reaching its view as to that objective meaning. In Prenn v Simmonds [1971] 1 WLR 1381 (1383H-1385D) and in Reardon Smith Line Ltd v Yngvar Hansen-Tangen [1976] 1 WLR 989 (997), Lord Wilberforce affirmed the potential relevance to the task of int…”
- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…While it is generally legitimate to have regard to background (or, in the words of Lord Wilberforce in Prenn v. Simmonds [1971] 1 WLR 1381, the “matrix of fact”) when construing a contract, “[t]he law excludes from the admissible background the previous negotiations of the parties and their declar…”
- Cited — Fishbourne Developments Ltd v Stephens 2020-12-16
“…y of drafting of the contract, give more or less weight to elements of the wider context in reaching its view as to that objective meaning. In Prenn v Simmonds [1971] 1 WLR 1381 (1383H1385D) and in Reardon Smith Line Ltd v Yngvar HansenTangen [1976] 1 WLR 989 (997), Lord Wilberforce affirmed the potential relevance to the task of inter…”
- Cited — Morris Homes Ltd & Anor v Cheshire West And Chester Council 2020-11-13
“…be impermissible in accordance with the decision of the House of Lords in Chartbrook, confirming the earlier decision of the House of Lords in Prenn v Simmonds [1971] 1 WLR 1381. That is not, however, what in fact occurred in the present case. I therefore reject Ground 1 in this appeal.…”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…The classic statement of the principle that evidence of the “genesis” and “aim” of the contract is admissible is that of Lord Wilberforce in Prenn v Simmonds [1971] 1 WLR 1381 at 1385:…”
- Explained — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…It is established law that, as stated by Lord Wilberforce in Prenn v Simmonds [1971] 1 WLR 1381, 1384-5, previous documents may be looked at to show the surrounding circumstances and, by that means, to explain the commercial or business object of a contra…”
- Followed — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…rd Wilberforce described as following “precisely the English line” and as a judgment which “combines classicism with intelligent realism”: see Prenn v Simmonds [1971] 1 WLR 1381, 1384F. The approach followed by Cardozo J was, by considering the circumstances which led to the execution of the contract, to identify the purpose of the tra…”