- Applied — Duchess of Bedford House RTM Company Limited & Ors v Campden Hill Gate Limited 2023-12-08
“…oted, when seeking to interpret the clause it is necessary to apply the well-known principles which are set out in a series of cases including Arnold v Britton [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] AC 1173. It is settled law that the court’s task is to ascertain the objective meaning of the language which th…”
- Cited — DnaNudge Limited v Ventura Capital GP Limited 2023-10-09
“…In Arnold v Britton [2015] AC 1619 (“Arnold”) at [15], Lord Neuberger endorsed a similar statement by Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd [2009] AC 1101 (“Chartbrook”) at [14].…”
- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…tion set out in, amongst other cases, Investors Compensation Scheme Ltd. v West Bromwich Building Society [1998] 1 WLR 896 and Arnold v Britton [2015] UKSC 36, [2015] AC 1619. Given that the collective agreement would not have been intended to be enforceable by the union or employer, it would not have been the intention of the parti…”
- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…To like effect, in the context of the construction of leases, Lord Neuberger said at paragraph 15 of his judgment in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 that:…”
- Cited — Adaptive Spectrum and Signal Alignment Inc v British Telecommunications PLC 2023-04-26
“…e trio of Supreme Court cases on the subject, namely Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900, Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173.…”
- Followed — Alan James Boydell v NZP Limited & Anor 2023-04-04
“…ealistic construction, then that must be followed however disastrous the consequences for one of the parties – see for example Arnold v Britton [2015] UKSC 36; [2015] AC 1619.…”
- Explained — MARANELLO ROSSO LIMITED v LOHOMIJ BV 2022-12-21
“…It was agreed that the 2014 Releases must be construed in accordance with the principles in Arnold v Britton [2015] AC 1619. Those principles were endorsed by the Supreme Court in Wood v Capita Insurance Services Ltd [2017] AC 1173. As Lord Hodge explained at [10] of his judgment, t…”
- Cited — Abdulrahman Bin Abdullah bin Ibrahim Al-Subaihi & Anor. v Mishal Maan Al-Sanea 2022-10-20
“…ted objectively as it would be understood by a reasonable person, disregarding subjective evidence of any party’s intentions: Arnold v Britton [p2015] UKSC 36, [2015] AC 1619, [15(vi)].”…”
- Cited — Abdulrahman Bin Abdullah bin Ibrahim Al-Subaihi & Anor. v Mishal Maan Al-Sanea 2022-10-20
“…in a series of recent cases, including Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900 (“Rainy Sky”); Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173 (“Wood v Capita”).…”
- Cited — Allan John Doyle v M&D Foundation & Building Services Limited 2022-07-08
“…Second, both parties identified that certain of the factors emphasised by Lord Neuberger of Abottsbury PSC in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 are particularly pertinent:…”
- Approved — Mostyn House Estate Management Company Limited v Barry Youde & Ors. 2022-07-06
“…ransfers were not in dispute before the judge. Neither are they in dispute before us. Those central principles can be found in Arnold v Britton [2015] UKSC 36, [2015] AC 1619, Wood v Capita Insurance Services [2017] UKSC 24, [2017] AC 1173 and Rainy Sky v Kookmin Bank [2011] UKSC 90, [2011] 1 WLR 2900 to the extent that it is approv…”
- Cited — Vneshprombank LLC v Georgy Ivanovich Bedzhamov 2022-06-24
“…interpreting the guarantee [61] and cited the leading authorities on contractual interpretation: Rainy Sky v. Kookmin Bank [2011] 1 WLR 2900, Arnold v. Britton [2015] AC 1619 and Wood v. Capita Insurance Services Limited [2017] UKSC 24.…”
- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…mmon 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 Services Ltd [2017] UKSC 24, [2017] AC 1173 (“Wood”). It can be seen from the authorities that the process involves assessment of “…”
- Cited — The Commissioners for HMRC v Atholl House Productions Limited 2022-04-26
“…cumstances which existed at the time that the contract was made, and which were known or reasonably available to the parties” (Arnold v Britton [2015] UKSC 36; [2015] AC 1619 at [21]).…”
- Cited — ABN Amro Bank N.V. v Royal & Sun Alliance Insurance Plc & Ors. 2021-12-02
“…re Sigma Finance Corporation[2010] 1 All ER 571 at [12], and then endorsed by Lord Clarke in Rainy Sky at [21]-[28], and by Lord Neuberger in Arnold v. Britton [2015] AC 1619 at [76]-[77].…”
- Cited — Kensquare Limited v Mary Adwoa Akyaa Boakye 2021-11-22
“…It is also relevant to note the guidance as to the interpretation of service charge provisions which was given in Arnold v Britton [2015] UKSC 36, [2015] AC 1619. Lord Neuberger, with whom Lords Sumption and Hughes agreed, said in paragraph 23:…”
- Cited — Derhalli v Derhalli 2021-02-02
“…ratuitous occupier, but upon a conventional construction of the Order conducted in accordance with the wellknown judgment of Lord Neuberger in Arnold v Britton [2015] AC 1619 at [15], in which he reviewed the speech of Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd [2009] 1 AC 110, which principles were more recently distille…”
- Cited — Fishbourne Developments Ltd v Stephens 2020-12-16
“…[2015] AC 1619…”
- Cited — Abc Electrification Ltd v Network Rail Infrastructure Ltd 2020-12-04
“…e to be found in a series of recent cases, including Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900; Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173.…”
- Cited — British Gas Trading Ltd v Shell UK Ltd & Anor 2020-12-04
“…of commercial contracts is now well known and, subject to one point, was not in dispute. The principles have been re-stated in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24, [2017] AC 1173 and need not be repeated here. In short, the court’s task is to ascertain the objective…”
- Cited — Morris Homes Ltd & Anor v Cheshire West And Chester Council 2020-11-13
“… the interpretation of contracts are not in dispute in the present case. They were summarised by Lord Neuberger PSC in Arnold v Britton and Ors [2015] UKSC 36; [2015] AC 1619, at paras. 14-23. By way of overall summary, Lord Neuberger said at para. 15:…”
- Cited — Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd 2020-11-13
“…ase. But, it is not the function of contractual construction to save a party from an imprudent term, as Lord Neuberger said in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 at [20], a case concerning service charge provisions in leases. He there observed that “The purpose of interpretation is to identify what the parties have agre…”
- Cited — Apache North Sea Ltd v Euroil Exploration Ltd & Anor 2020-10-30
“…e to be found in a series of recent cases, including Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900; Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173. No issue is taken with the Judge's summary of the law at [13] and [14] of the Judgment…”
- Cited — Primus International Holding Company & Ors v Triumph Controls - UK Ltd & Anor 2020-09-22
“…36, [2015] AC 1619; and Wood v Capita Insurance Services Limited [2017] UKSC 24, [2017] AC 1173. Those principles were adopted by the judge and no point arises on this appeal as …”
- Cited — Lamesa Investments Ltd v Cynergy BankLtd 2020-06-30
“…Arnold v. Britton [2015] UKSC 36 [2015] AC 1619…”
- Cited — Barings (UK) Ltd v Deutsche Trustee Company Ltd & Ors (Rev 1) 2020-04-09
“…[2009] UKSC 2, [2010] 1 All ER 571, Arnold v Britton [2015] UKSC 36, [2015] AC 1619, and Wood v Capita Insurance Services Limited [2017] UKSC 244, [2017] AC 1173.…”
- Cited — Teesside Gas Transportation Ltd v Cats North Sea Ltd & Ors 2020-04-07
“…ute. Absent further intervention by the Supreme Court, the principles can now be taken as settled. They have been re-stated in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24, [2017] AC 1173 and need not be repeated here.…”
- Cited — First National Trustco (UK) Ltd & Anor v McQuitty & Ors 2020-02-05
“…Arnold v Britton [2015] AC 1619 per Lord Neuberger at [15-23]…”
- Applied — Manchikalapati & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee & Zurich Municipal) & Ors 2019-12-05
“…e person in the position of the parties would take the words used to mean. He relies upon the decision of the Supreme Court in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, in particular at [15] – [19]. I will not recite those wellknown paragraphs, but I accept that they state the general principles which we must apply.…”
- Cited — Manchikalapati & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee & Zurich Municipal) & Ors 2019-12-05
“…[2015] AC 1619, para 15 per Lord Neuberger of Abbotsbury. As I see no ambiguity in the way that the Policy defined its cover and as the exclusion clause reflected what The La…”
- Cited — Manchikalapati & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee & Zurich Municipal) & Ors 2019-12-05
“…Of course, I am mindful of Lord Neuberger’s warning in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, when he said:…”
- Cited — JP Morgan Chase Bank NA v The Federal Republic of Nigeria 2019-10-08
“…rect. In paragraph 32 he sets out the principles derived from the well-known line of authority: Rainy Sky SA v Kookmin Bank [2011] 1 WLR 2900, Arnold v Britton [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] AC 1173. The relevance of his discussion in paragraphs 33 and 34 of the present status of the contra proferente…”
- Cited — Churston Golf Club Ltd v Haddock 2019-04-03
“…ons of the Supreme Court confirm that in a professionally drawn document the words used will normally be given their conventional meaning: see Arnold v Britton [2015] AC 1619 at [18]. This is not a case where it can be suggested that the draftsman made a mistake or where, from the context in which the agreement came to be made, one …”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…The decision of the Supreme Court in Arnold v Britton [2015] UKSC 36; [2015] AC 1619 signalled a need for caution in relying on considerations of commercial common sense in interpreting contracts. In particular, Lord Neuberger emphasised that t…”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…artbrook case and the passage from the judgment of Lord Wilberforce which includes this proposition was cited with approval in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, para 15, and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173, para 10. It is an approach which, as Lord Wilberforce noted, can be traced b…”
- Cited — Liddle & Ors v Liddle & Ors 2019-03-07
“…. He prays in aid the decisions of the Supreme Court in Rainy Sky v Kookmin Bank [2011] UKSC 50 at [23] per Lord Clarke of Stone-cum-Ebony and Arnold v Britton [2015] AC 1619 at [17][20] per Lord Neuberger of Abbotsbury.…”
- Cited — Elite Property Holdings Ltd & Anor v Barclays Bank Plc 2019-02-21
“…It was agreed that the 2014 Releases must be construed in accordance with the principles in Arnold v Britton [2015] AC 1619. Those principles were endorsed by the Supreme Court in Wood v Capita Insurance Services Ltd [2017] AC 1173. As Lord…”
- Cited — Parker & Anor v Roberts 2019-02-07
“…ponse to what Mr Antell called the “common sense construction” of the 1968 Conveyance, Mr Rosenthal relies upon the Supreme Court judgments in Arnold v Britton [2015] AC 1619, a case neither referred to, nor analysed by, the judge.…”
- Cited — British Telecommunications Plc v BT Pension Scheme Trustees Ltd & Anor 2018-12-04
“…Britton [2015] UKSC 36, [2015] AC 1619.…”
- Cited — British Telecommunications Plc v BT Pension Scheme Trustees Ltd & Anor 2018-12-04
“…[2015] AC 1619…”
- Cited — W Nagel (A Firm) v Pluczenik Diamond Company NV 2018-11-28
“…h a situation if it is clear that this is what reasonable parties would have intended: see Lord Neuberger’s sixth principle in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, para 22; and Astor Management v Atalaya Mining Plc [2018] EWCA Civ 2407, para 40. The underlying policy is that the role of the court is limited to identifyin…”
- Cited — Duval v 11-13 Randolph Crescent Ltd 2018-10-18
“…signed to overcome any possible problem that there might have been in enforcing positive covenants under a letting scheme (see Arnold v Britton [2015] UKSC 36, [2015] AC 1619 at [51]). Be that as it may, as Mr Mawrey put it in his skeleton argument: each individual lessee is given the right to compel the landlord to enforce the cove…”
- Cited — Agarwal v Cardiff University & Anor 2018-09-27
“…ecent. I do not think it is a useful exercise for me to review them here. It is sufficient to say that it has been clear since Arnold v Britton [2015] UKSC 36, [2015] AC 1619, if it was not before, that while the commercial good sense of the potential outcomes which a particular construction might produce is certainly a relevant con…”
- Cited — PM Law Ltd v Motorplus Ltd 2018-07-26
“…give weight to the implications of the rival constructions by reaching a view as to which is more consistent with business common sense: Arnold v Britton & Ors [2015] AC 1619 per Lord Neuberger PSC at [14] – [23] and Wood v Capita Insurance Services Limited [2017] AC 1173: [2017] UKSC 24 per Lord Hodge JSC at [8] – [15].…”
- Cited — Trillium (Prime) Property GP Ltd v Elmfield Road Ltd 2018-07-04
“…lternative ways for the ascertainment of the Initial Rent, which in the event was not carried out. As Lord Neuberger put it in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 at [18]:…”
- Cited — Heis & Ors v Financial Services Compensation Scheme Ltd & Anor 2018-06-11
“…[2017] UKSC 24, and he cited [10] to [14]; to a statement of principle by Sir Thomas Bingham MR in Arbuthnot v. Fagan [1995] CLC 1396; and to Arnold v. Britton [2015] AC 1619, per Lord Neuberger at [15], which I shall repeat as containing a succinct summary of the principles:…”
- Cited — Botleigh Grange Hotel Ltd v HMRC 2018-05-09
“… it whilst preserving the dispute and if one assesses its meaning in the light of the factors set out in the judgment of Lord Neuberger PSC in Arnold v Britton [2015] AC 1619, the latter is the correct interpretation. He says that the first substantive paragraph of the Consent Order is silent about the underlying debt and that the o…”
- Cited — Warborough Investments Ltd v Lunar Office S.A.R.L. 2018-03-13
“…The starting point has to be the words used. As Lord Neuberger observed in Arnold v Britton [2015] AC 1619, the Court’s primary task is to arrive at the proper construction of the lease by reference to what the reasonable and informed person with all the available a…”
- Cited — Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc 2018-03-02
“…First, he drew attention to the well-known observations of Lord Neuberger of Abbotsbury PSC in Arnold v. Britton [2015] AC 1619 at [15] and [17]:…”
- Cited — Amey Birmingham Highways Ltd v Birmingham City Council 2018-02-22
“…rous bargains which they make. In advancing that submission, Mr Lewis gained support from the judgment of the Supreme Court in Arnold v Britton [2015] UKSC 36; [2015] AC 1619. See, in particular, the judgment of Lord Neuberger at [19] to [20].…”