“…l terms, the “genesis” and “aim” of a transaction; and even of a particular provision in a contract: Investec Bank (Channel Islands) Ltd v The Retail Group Plc [2009] EWHC 476 (Ch). But this court has now ruled that that view is heretical, in so far as such material is relied on to draw inferences about what the contract means: Merthyr (S…”
“… for this extension of the principle, reliance is placed on the following observations of Sales J in Investec Bank (Channel Islands) Ltd v The Retail Group Plc [2009] EWHC 476 (Ch), at para 76:…”