“… will be drenched in subjectivity and may, if oral, be very much in dispute”. Echoing that, in Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662 (“Oceanbulk”) Lord Clarke drew a distinction between “objective facts and other statements made in the course of negotiations” and said that “objective facts c…”
“…es of exception are not closed, and that they had indeed been extended by the Supreme Court in Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662 (Oceanbulk), the courts must be cautious in doing so. The House of Lords declined to do so in Ofulue v Bossert, considering that it was inappropriate for reaso…”
“… of Robert Walker LJ’s judgment in Unilever can be found in the judgment of the Supreme Court in Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662, where Lord Clarke said that:…”