“…s no criticism of the Judge’s conclusion that Clause 23 did not assist Iliv essentially because, as was held in Axa Sun Life Services plc v Campbell Martin Ltd [2012] Bus LR 203, implied terms are part of the agreement.)…”
“…to the agreement (as opposed to one that is implied only because of background facts): see AXA Sun Life Services plc v Campbell Martin Ltd [2011] EWCA Civ 133, [2012] Bus LR 203 at [41] and [42]; or one that is necessary to give business efficacy to the contract: J Hipwell & Son v Szurek [2018] EWCA Civ 674, [2018] L & TR 15 at [27]. I…”