“…The judge also noted that Mr Seitler QC relied upon a passage in the judgment of Chadwick LJ in Bromarin v IMD Investments Limited [1999] STC 301 to contend that, as the parties did not contemplate the Covid pandemic, it is necessary for the Court to consider objectively what the parties would have inten…”
“…QC submitted that the approach to the construction of clause 7.4 for which he contended was supported by a passage from the judgment of Chadwick LJ in Bromarin [1999] STC 301 at 310:…”
“…ld be taken to have intended the contract to work in the circumstances which have in fact arisen. As Chadwick LJ explained in Bromarin AB v IMD Investments Ltd [1999] STC 301 at 310, in this type of case:…”
“…gain. What the contract requires in the changed circumstances depends on its proper construction. As Chadwick LJ explained in Bromarin AB v IMD Investments Ltd [1999] STC 301, 310:…”
“…on or Aberdeen City Council v. Stewart Milne, the principle set out by Lord Neuberger had been articulated by Chadwick LJ in Bromarin AB v. IMD Investments Ltd [1999] STC 301 at 310F-J, upon which Mr Smith relied:…”