“…re many cases where, on particular facts, the principle has been held not to apply: e.g. Gyllenhammar & Partners International Ltd v Sour Brodograde Industrija [1989] 2 Lloyd’s Rep 403.…”
“…edence over the canon of construction relied upon by the Judge. Reliance is placed on Gyllenhammar & Partners International Ltd v SOUR Brodogradevna Industrija [1989] 2 Lloyd’s Rep 403 (“Gyllenhammar”), an authority to which the Judge was referred but which he failed to address. By analogy with the reasoning Gyllenhammar, since clause 4 can o…”