“…In determining the question, the ordinary principles underlying the interpretation of contracts apply: BDW Trading Ltd v JM Rowe (Investments) Ltd [2011] EWCA Civ 548 at [34].…”
“…lear express provisions to the contrary” needs to be treated with caution. As was said in BDW Trading Ltd (t/a Barratt North London v JM Rowe (Investments) Ltd [2011] EWCA Civ 548 (at [34] to [36]), they should not be read as meaning more than a clear contractual intention to be gathered from the express provisions of the contract;…”