“…(Comm) 976 per Christopher Clarke J (as he then was) in particular at [120], NarandasGirdhar v Bardstock [2016] 1 WLR 2366 per Briggs LJ at [19]-[20] and Team Services plc v Kier Management and Design Ltd (1993) 63 BLR 76 to which we were taken or the passage in Lewison, “The Inter…”
“…This analysis was approved by Briggs LJ with whom Black and Ryder LJJ agreed in Narandas-Girdhar & Anr v Bradstock [2016] 1 WLR 2366 at [19]. In that case, the Court of Appeal held that when construing an IVA proposal it was legitimate to have regard to words deleted during its modification …”
“…ble. I can see that there is such a requirement when the court is engaged in the exercise of construction of a contract: see Narandas-Girdhar & Anr v Bradstock [2016] 1 WLR 2366 at [19] (Briggs LJ). However, as the Supreme Court has now made clear in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co…”