“…t agreed in December 1988 and that this meaning was unaffected by subsequent amendments. It relied on a dictum of Lord Hoffmann in National Grid Co Plc v Mayes [2001] UKHL 20, [2001] 1 WLR 864 at [67] and on the tentative view expressed, citing that dictum, in Lewison, The Interpretation of Contracts, (6th Ed, 2015) at page 88:…”
“…[2001] UKHL 20; [2001] 1 WLR 864 at [55] that the maxim is “often perilous”. The judge had been right not to give the maxim undue weight. The logic of the argument based on t…”
“…anding power on the Trustees, and said he was not helped by the decision of the House of Lords on differently-worded provisions in National Grid Co Plc v Mayes [2001] UKHL 20, [2001] 1 WLR 864. In the judge’s view, rule 3(c)(iii) confers a “free-standing power which is triggered in specific and narrow circumstances”, and it should n…”