“…proach to construction should not be adopted where a common subjective intent can clearly be demonstrated: HSBC Bank Plc v. 5th Avenue Partners Ltd and another [2007] EWHC 2819 (Comm) and MW Trustees Ltd and others v. Telular Corporation [2011] EWHC 104 (Ch). Neither provides substantial support for his submission. The former case was not ab…”
“…’s knowledge of the other’s intention) there was a contract” ([155(3)]). The judge referred to the decision of Walker J at first instance in So v HSBC Bank Plc [2007] EWHC 2819 (Comm) from which he quoted extensively, to the effect that the LOI in that case was not a binding contract. That case went on appeal to this Court on a different poi…”