“…to be found in the judgments of Lord Hodge JSC at [5]-[7] and Lord Toulson JSC at [35] in Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 [2017] AC 73.…”
“…Insurance Ltd [2016] UKSC 57; [2016] 3 WLR 1422; [2017] AC 73 (at [31]). In Ali v Petroleum Co of Trinidad and Tobago [2017] UKPC 2 at [7], Lord Hughes commented:…”
“… at 456. He also cites the Supreme Court’s application of that dictum in Impact Funding Solutions Limited v Barrington Support Services Limited [2016] UKSC 57; [2017] AC 73. At [6] – [8] Lord Hodge JSC said:…”
“…of the contracting parties. That was the issue that divided the Supreme Court in Impact Funding Solutions Ltd v Barrington Support Services Ltd [2016] UKSC 57, [2017] AC 73. Lord Toulson, in the majority, illustrated the point at [36] by quoting from the report of the Law Commission which preceded the passing of the Unfair Contrac…”
“… Paribas Securities Trust Co (Jersey) Ltd [2015] UKSC 72; [2016] AC 742 at [28]; Impact Funding Solutions Ltd v Barrington Support Services Ltd [2016] UKSC 57; [2017] AC 73 at [31]; Trump at [33] and [42]; Dunnett at [34]. The objective of the exercise is not to determine what the parties meant to do in the broad sense, but what a…”
“…Finally, it is necessary to address the argument on ambiguity and the contra proferentem rule. In Impact Funding Solutions Ltd v. Barrington Services Ltd [2017] AC 73 at [6] Lord Hodge set out the correct approach:…”