- Cited — A & V Building Solutions Limited v J & B Hopkins Limited 2023-01-27
“…ossible, and no part of it should be treated as inoperative or surplus: see, for example, Merthyr (South Wales) Limited v Merthyr Tydfil County Borough Council [2019] EWCA Civ 526. The second principle is that, where a contract contains general provisions and specific provisions which potentially contradict each other, the specific provi…”
- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…In Merthyr (South Wales) Ltd v Merthyr Tydfil CBC [2019] EWCA Civ 526, [2019] JPL 989 (“Merthyr (South Wales)”), Leggatt LJ recognised as established law that “previous documents may be looked at to show the surrounding circumsta…”
- Cited — Bell v Ivy Technology Ltd 2020-11-19
“…l provision means, evidence as to the “genesis and aim of the transaction” is admissible: see Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council [2019] EWCA Civ 526, [2019] JPL 989 at [52]-[55] (Leggatt LJ). Given the approach taken by this Court in Filatona, it is at least arguable that evidence as to the reason why Mr Be…”
- Cited — Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor 2019-12-12
“…“aim” of either a contract or a particular provision in it is admissible (see in this context Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council [2019] EWCA Civ 526, at paragraphs 43, 44 and 50-55). However, the evidence on which Mr Ashworth wished to rely did not comprise pre-contractual materials at all. In any event, th…”
- Cited — NHS Commissioning Board (Known As NHS England) v Vasant (t/a MK Vasant & Associates) & Ors 2019-07-16
“…al, in so far as such material is relied on to draw inferences about what the contract means: Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council [2019] EWCA Civ 526. The general intention to include the IMOS service within the GDS contract is plain from the words of the VAF itself, without recourse to the e-mail. The e-mai…”