“…he claimants submitted, clause 4 must be construed in accordance with what Lord Diplock said in Cheall v Association of Professional, Executive, Clerical Staff [1983] 2 AC 180 was the well-known rule of construction that “it is to be presumed that it was not the intention of the parties that either party should be entitled to rely up…”
“…d to have misapplied the well-known presumptive rule of construction identified in Cheall v Association of Professional, Executive, Clerical and Computer Staff [1983] 2 AC 180 at 189 (“Cheall”). He assumed that there had been a breach of primary obligation when, in fact, reading clauses 4 and 6 together, there had been none. Further,…”