- Cited — DnaNudge Limited v Ventura Capital GP Limited 2023-10-09
“…As Lord Hoffmann indicated in ICS at p.913, referring to Lord Diplock’s dictum in Antaios Compania Naviera v Salen Rederierna [1985] AC 191 at 201, if the court concludes that something has gone wrong with the language, the words “must be made to yield to business commonsense”. Or, as Lord Neuberge…”
- Cited — Kajima Construction Europe (UK) Limted & Anor v Children’s Ark Partnership Limited 2023-03-17
“…to be enforceable, but rather that that is not how they are to be construed. As Lord Diplock said in Antaios Cia Naviera SA v Salen Rederierna AB (The Antaios) [1985] AC 191, 201, in the well-known passage cited with approval by Lord Hofmann in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896, “…if de…”
- Cited — Abc Electrification Ltd v Network Rail Infrastructure Ltd 2020-12-04
“…o say that it is also the finishing point. Sometimes words as apparently straightforward as “any breach” turn out to mean something different (e.g. The Antaios [1985] AC 191). But it is nevertheless the place to start.…”
- Applied — Apache North Sea Ltd v Euroil Exploration Ltd & Anor 2020-10-30
“…f Lord Reid in Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251 and Lord Diplock in Antaios Cia Naviera SA v Salen Rederierna AB (The Antaios) [1985] AC 191 , 201, quoted by Lord Carnwath JSC at para 110, have to be read and applied bearing that important point in mind.…”
- Applied — Leibson Corporation & Ors v TOC Investments Corporation & Ors 2018-04-17
“…[1985] AC 191, 201, quoted by Lord Carnwath at para 110, have to be read and applied bearing that important point in mind.…”