“…on Contracts lock stock and barrel, the authorities are plain that the latter is the correct approach: see Banner Holdings Limited v Colchester Borough Council [2010] EWHC 139 (TCC), [2010] 131 Comm LR 77; Yuanda (UK) Co. Limited v WW Gear Construction Limited [2010] EWHC 720 (TCC), [2010] BLR 435; Sprunt Limited v London Borough of Camden…”
“…only “if or to the extent that” the contract does not contain the relevant provisions. As I pointed out in Banner Holdings Limited v Colchester Borough Council [2010] EWHC 139 (TCC); [2010] 131 Con LR 77, the words “to the extent that” are missing from s.108. That indicates that piecemeal incorporation is permitted in respect of the paymen…”