- Cited — Adaptive Spectrum and Signal Alignment Inc v British Telecommunications PLC 2023-04-26
“…e, is a situation in which clear language might be overridden because something has just gone wrong with the language (see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 and also Investors Compensation Scheme Ltd v West Bromwich Building Society[1998] 1 WLR 896 at 93D-E about not attributing to the parties an intention which th…”
- Cited — Union of Shop, Distributive and Allied Workers & Ors. v Tesco Stores Ltd 2022-07-15
“…[2009] UKHL 38…”
- Applied — Union of Shop, Distributive and Allied Workers & Ors. v Tesco Stores Ltd 2022-07-15
“…he undisputed facts, communications, and unambiguous evidence as to mutual intention of the parties. Accordingly, applying Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 [14]), there is no discernible error of law. The Court’s conclusion as to meaning is analogous to a finding of fact which this Court should be slow to disturb.…”
- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…on a number of occasions: see Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 (“ICS”), Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 (“Chartbrook”), Rainy Sky SA v Kookmin Bank [2011] UKSC 50, [2011] 1 WLR 2900, Arnold v Britton [2015] UKSC 36, [2015] AC 1619 and Wood v Cap…”
- Cited — Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited 2022-04-04
“…[2009] UKHL 38…”
- Cited — Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors 2021-04-15
“…Homes Ltd [2009] UKHL 38, [2009] AC 1101. The Supreme Court concluded that there was no reason why an agreement resulting from without prejudice negotiations should, in this respect, b…”
- Explained — City of London v Various Leaseholders of Great Arthur House 2021-03-25
“…”. Where a contract uses a definition, the term defined may itself be an aid to interpretation. Lord Hoffmann explained in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 at [17]:…”
- Cited — Bell v Ivy Technology Ltd 2020-11-19
“…d be inadmissible as being subjective evidence of the parties’ intentions or part of the pre-contractual negotiations: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] AC 1101 at [32]-[41] (Lord Hoffmann). Thirdly, he submitted that, whatever might be revealed by a fuller investigation of the facts, clause 15.12 was c…”
- Cited — Morris Homes Ltd & Anor v Cheshire West And Chester Council 2020-11-13
“…the documents should be excluded as they amount to no more than inadmissible evidence of pre-contractual negotiations: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101. He also submits that the documents do not assist in any event because they do not concern the terms of the April 2013 agreement, which did n…”
- Cited — Revenue And Customs v NCL Investments Ltd & Anor 2020-05-21
“…choice of words used for a defined term is not to be treated as wholly neutral but may properly influence its meaning: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC…”
- Explained — Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor 2019-12-12
“…reement in order to avoid future disagreements with Mr Kartalis”. The judge regarded such evidence as inadmissible, citing Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101, where Lord Hoffmann explained in paragraph 42 that “evidence of what was said or done during the course of negotiating the agreement for the…”
- Cited — FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) 2019-07-31
“…In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] AC 1101 Lord Hoffmann (in a judgment with which all the other members of the appellate committee of the House of Lords agreed) expressed the view that,…”
- Doubted — FSHC Group Holdings Ltd v Glas Trust Corporation Ltd (Rev 1) 2019-07-31
“…ly settled state of the law was thrown into doubt by the observations of Lord Hoffmann on the question of rectification in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] AC 1101.…”
- Considered — NHS Commissioning Board (Known As NHS England) v Vasant (t/a MK Vasant & Associates) & Ors 2019-07-16
“…dence, I do not consider that that is an invariable rule. Nor is the principle limited to terms of a specialised trade. In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 Lord Hoffmann said at [45]:…”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…s between the parties as part of the background which may throw light upon what they meant by the language they used”: see Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101, para 33. But Lord Hoffmann also accepted that practical difficulties would potentially arise if the rule were to be abrogated or relaxed. Th…”
- Cited — Parker & Anor v Roberts 2019-02-07
“…[2009] UKHL 38…”
- Followed — Parker & Anor v Roberts 2019-02-07
“…In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 at [22] Lord Hoffmann approved the following statement of principle from East v Pantiles (Plant Hire Ltd) [1982] 2 EGLR 111, subject to two q…”
- Cited — Hopkinson & Ors v Towergate Financial (Group) Ltd & Ors 2018-12-06
“…This leads me to think that the correction by way of interpretation is to be made in a different way. In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101 at [25] Lord Hoffmann said:…”
- Cited — JLT Specialty Ltd v Craven 2018-11-08
“…ible to conclude either that it is “clear that something has gone wrong with the language” (to quote from Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101, at [25]) or that it is clear that a reasonable person would have understood the parties to have meant that Mr Craven should not be liable to…”
- Cited — Agarwal v Cardiff University & Anor 2018-09-27
“…[2009] UKHL 38…”
- Cited — Trillium (Prime) Property GP Ltd v Elmfield Road Ltd 2018-07-04
“…nterpretation showed that something had gone wrong with the language of the clause. The decision of the House of Lords in Chartbrook Ltd v Persimmons Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101 showed that in those circumstances the court could correct the mistake as a matter of interpretation. What is necessary to bring this princip…”
- Cited — Malone v Birmingham Community NHS Trust 2018-06-19
“…est Bromwich Building Society [1998] 1 WLR 896; Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749; Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] AC 1101 and Wood v Capita Insurance Services [2017] UKSC 24; [2017] AC 1173.…”
- Cited — Corvan (Properties) Ltd v Abdel-Mahmoud 2018-05-15
“…ble to the parties would have understood them to be using the language in the contract to mean", to quote Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101, para 14. And it does so by focussing on the meaning of the relevant words, in this case clause 3(2) of each of the 25 leases, in their docum…”
- Cited — Botleigh Grange Hotel Ltd v HMRC 2018-05-09
“…[2009] UKHL 38…”
- Cited — London Borough of Lambeth v Secretary of State for Communities And Local Government & Ors 2018-04-20
“… go well beyond interpretation. It is not a question of rearranging words that appear on the face of the instrument (as in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38; [2009] 1 AC 1101). It is a question of adding a whole condition, which has a completely different legal effect to the words that Lambeth in fact used.…”