- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…ual negotiations will be drenched in subjectivity and may, if oral, be very much in dispute”. Echoing that, in Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662 (“Oceanbulk”) Lord Clarke drew a distinction between “objective facts and other statements made in the course of negotiations” and said that “…”
- Considered — Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors 2021-04-15
“…ile the categories of exception are not closed, and that they had indeed been extended by the Supreme Court in Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662 (Oceanbulk), the courts must be cautious in doing so. The House of Lords declined to do so in Ofulue v Bossert, considering that it was inappr…”
- Cited — Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Anor (Rev 1) 2021-01-11
“…Further approval of Robert Walker LJ’s judgment in Unilever can be found in the judgment of the Supreme Court in Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662, where Lord Clarke said that:…”
- Considered — Emiantor, R (On the Application Of) v The Secretary of State for the Home Department 2020-11-06
“…ee’s assistance at the hearing. I have read and understood those submissions as well. In them he refers to Oceanbulk Shipping and Trading SA v TMT Asia Limited [2010] UKSC 44, in which the Supreme Court considered the admissibility of representations for the purposes of construing contracts. He submits that, by way of analogy, the l…”