- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…ccasions: see Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 (“ICS”), Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 (“Chartbrook”), Rainy Sky SA v Kookmin Bank [2011] UKSC 50, [2011] 1 WLR 2900, Arnold v Britton [2015] UKSC 36, [2015] AC 1619 and Wood v Capita Insurance Serv…”
- Cited — Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited 2022-04-04
“…[2009] 1 AC 1101…”
- Explained — City of London v Various Leaseholders of Great Arthur House 2021-03-25
“…act uses a definition, the term defined may itself be an aid to interpretation. Lord Hoffmann explained in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 at [17]:…”
- Cited — Morris Homes Ltd & Anor v Cheshire West And Chester Council 2020-11-13
“…ould be excluded as they amount to no more than inadmissible evidence of pre-contractual negotiations: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101. He also submits that the documents do not assist in any event because they do not concern the terms of the April 2013 agreement, which did not exist at the ti…”
- Explained — Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor 2019-12-12
“… to avoid future disagreements with Mr Kartalis”. The judge regarded such evidence as inadmissible, citing Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101, where Lord Hoffmann explained in paragraph 42 that “evidence of what was said or done during the course of negotiating the agreement for the purpose of drawin…”
- Cited — Stobart Group Ltd & Anor v Stobart & Anor (Rev 1) 2019-07-31
“… for rectification: see for example Lord Hoffmann’s discussion of what is meant by ‘correction of mistakes by construction’ in ChartbrookLtd v. Persimmon Homes [2009] 1 AC 1101 at [23]. An example would be where a party has misnamed a property when giving a contractual notice in relation to it, or in a nearer example to the present ca…”
- Considered — NHS Commissioning Board (Known As NHS England) v Vasant (t/a MK Vasant & Associates) & Ors 2019-07-16
“…consider that that is an invariable rule. Nor is the principle limited to terms of a specialised trade. In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 Lord Hoffmann said at [45]:…”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…rties as part of the background which may throw light upon what they meant by the language they used”: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101, para 33. But Lord Hoffmann also accepted that practical difficulties would potentially arise if the rule were to be abrogated or relaxed. These included the f…”
- Cited — Parker & Anor v Roberts 2019-02-07
“…[2009] 1 AC 1101,…”
- Followed — Parker & Anor v Roberts 2019-02-07
“…In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 at [22] Lord Hoffmann approved the following statement of principle from East v Pantiles (Plant Hire Ltd) [1982] 2 EGLR 111, subject to two qualifications whic…”
- Cited — Hopkinson & Ors v Towergate Financial (Group) Ltd & Ors 2018-12-06
“…This leads me to think that the correction by way of interpretation is to be made in a different way. In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101 at [25] Lord Hoffmann said:…”
- Cited — JLT Specialty Ltd v Craven 2018-11-08
“… either that it is “clear that something has gone wrong with the language” (to quote from Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101, at [25]) or that it is clear that a reasonable person would have understood the parties to have meant that Mr Craven should not be liable to repay if his empl…”
- Cited — Trillium (Prime) Property GP Ltd v Elmfield Road Ltd 2018-07-04
“…owed that something had gone wrong with the language of the clause. The decision of the House of Lords in Chartbrook Ltd v Persimmons Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 showed that in those circumstances the court could correct the mistake as a matter of interpretation. What is necessary to bring this principle into play is (a…”
- Cited — Corvan (Properties) Ltd v Abdel-Mahmoud 2018-05-15
“…es would have understood them to be using the language in the contract to mean", to quote Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101, para 14. And it does so by focussing on the meaning of the relevant words, in this case clause 3(2) of each of the 25 leases, in their documentary, factual an…”
- Cited — Botleigh Grange Hotel Ltd v HMRC 2018-05-09
“…[2009] 1 AC 1101…”
- Cited — London Borough of Lambeth v Secretary of State for Communities And Local Government & Ors 2018-04-20
“…interpretation. It is not a question of rearranging words that appear on the face of the instrument (as in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101). It is a question of adding a whole condition, which has a completely different legal effect to the words that Lambeth in fact used.…”