“…n, the relevant legal principles were not in dispute before us. They were conveniently set out by Carnwath LJ in ING Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2012] 1 WLR 472, at paras. 55-60, in particular by reference to the speech of Lord Steyn in Republic of India v India Steamship Co Ltd (The Indian Endurance and the Indian Gra…”
“…her than any deficiencies in drafting. A failure of that kind cannot be solved by the process of interpretation: ING Bank NV v Ros Roca SA [2011] EWCA Civ 353, [2012] 1 WLR 472 at [24] (Carnwath LJ), [80] (Rix LJ); Scottish Widows Fund and Life Assurance Society v BGC International [2012] EWCA Civ 607, 142 Con LR 27 at [21] (Arden LJ)…”