- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…ch to interpretation set out in, amongst other cases, Investors Compensation Scheme Ltd. v West Bromwich Building Society [1998] 1 WLR 896 and Arnold v Britton [2015] UKSC 36, [2015] AC 1619. Given that the collective agreement would not have been intended to be enforceable by the union or employer, it would not have been the intent…”
- Cited — Secretary of State for the Home Department v James Cox & Ors. 2023-05-19
“…To like effect, in the context of the construction of leases, Lord Neuberger said at paragraph 15 of his judgment in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 that:…”
- Cited — Adaptive Spectrum and Signal Alignment Inc v British Telecommunications PLC 2023-04-26
“…stablished by the trio of Supreme Court cases on the subject, namely Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900, Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173.…”
- Followed — Alan James Boydell v NZP Limited & Anor 2023-04-04
“…re is only one realistic construction, then that must be followed however disastrous the consequences for one of the parties – see for example Arnold v Britton [2015] UKSC 36; [2015] AC 1619.…”
- Cited — Abdulrahman Bin Abdullah bin Ibrahim Al-Subaihi & Anor. v Mishal Maan Al-Sanea 2022-10-20
“…and to be found in a series of recent cases, including Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900 (“Rainy Sky”); Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173 (“Wood v Capita”).…”
- Cited — Amdocs Systems Group Ltd v Joel Langton 2022-07-22
“…rous, less so when inflation is in double figures. In any event, generous or not, it was what the parties agreed: see the majority decision in Arnold v Britton [2015] UKSC 36 among many other examples.…”
- Cited — Allan John Doyle v M&D Foundation & Building Services Limited 2022-07-08
“…Second, both parties identified that certain of the factors emphasised by Lord Neuberger of Abottsbury PSC in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 are particularly pertinent:…”
- Cited — Mostyn House Estate Management Company Limited v Barry Youde & Ors. 2022-07-06
“…construing the Transfers were not in dispute before the judge. Neither are they in dispute before us. Those central principles can be found in Arnold v Britton [2015] UKSC 36, [2015] AC 1619, Wood v Capita Insurance Services [2017] UKSC 24, [2017] AC 1173 and Rainy Sky v Kookmin Bank [2011] UKSC 90, [2011] 1 WLR 2900 to the extent t…”
- Cited — Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor. 2022-06-21
“…rook 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 Capita Insurance Services Ltd [2017] UKSC 24, [2017] AC 1173 (“Wood”). It can be seen from the authorities that the process involves…”
- Cited — The Commissioners for HMRC v Atholl House Productions Limited 2022-04-26
“…he “facts or circumstances which existed at the time that the contract was made, and which were known or reasonably available to the parties” (Arnold v Britton [2015] UKSC 36; [2015] AC 1619 at [21]).…”
- Cited — Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited 2022-04-04
“…ract construction have been set out in no less than three recent Supreme Court cases: Rainy Sky SA v Kookmin Bank [2011] UKSC 50 at [14]-[30]; Arnold v Britton [2015] UKSC 36 at [14]-[22]; and Wood v Capita Insurance Services Limited [2017] UKSC 24 at [8]-[15]. They are well-known and it is unnecessary to dwell on them for too long …”
- Cited — Mashael Alebrahim v BM Design London Limited 2022-02-17
“…tation of earlier authority is generally unnecessary. The three cases are, of course, Rainy Sky SA v Kookmin Bank [2001] UK SC 50 AT [14]-[30]; Arnold v Briton [2015] UKSC 36 at [14]-[22]; and Woods v Capita Insurance Services Limited [2017] UKSC 24 at [8]-[15]. The principles are well-known: that the contract must be construed agai…”
- Cited — Steve Ward Services (UK) Limited v Davies & Davies Associates Limited 2022-02-14
“…[2015] UKSC 36 at [14] – [22-; and…”
- Cited — Kensquare Limited v Mary Adwoa Akyaa Boakye 2021-11-22
“…It is also relevant to note the guidance as to the interpretation of service charge provisions which was given in Arnold v Britton [2015] UKSC 36, [2015] AC 1619. Lord Neuberger, with whom Lords Sumption and Hughes agreed, said in paragraph 23:…”
- Cited — Gregor Fisken Ltd v Carl (Rev 1) 2021-05-28
“…dmissible to clarify the meaning of a contract, but not to contradict it (Shogun Finance Ltd v Hudson [2003] UKHL 62, [2004] 1 AC 919 at [49], Arnold v Britton [2015] UKSC 36, [201] AC 1619 at [17]). In my judgment, once account is taken of the well-established signature principle, the identity of GFL as the contracting party is cle…”
- Considered — Fishbourne Developments Ltd v Stephens 2020-12-16
“…Having set out passages from Arnold v Britton [2015] UKSC 36 at [14] and [15] and considered the factors which Lord Neuberger stated to be relevant when interpreting contracts, and having also set out the passage in the …”
- Cited — Abc Electrification Ltd v Network Rail Infrastructure Ltd 2020-12-04
“… construction are to be found in a series of recent cases, including Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900; Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173.…”
- Cited — British Gas Trading Ltd v Shell UK Ltd & Anor 2020-12-04
“…he construction of commercial contracts is now well known and, subject to one point, was not in dispute. The principles have been re-stated in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24, [2017] AC 1173 and need not be repeated here. In short, the court’s task is to ascerta…”
- Cited — Morris Homes Ltd & Anor v Cheshire West And Chester Council 2020-11-13
“…law which govern the interpretation of contracts are not in dispute in the present case. They were summarised by Lord Neuberger PSC in Arnold v Britton and Ors [2015] UKSC 36; [2015] AC 1619, at paras. 14-23. By way of overall summary, Lord Neuberger said at para. 15:…”
- Cited — Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd 2020-11-13
“… terms of the lease. But, it is not the function of contractual construction to save a party from an imprudent term, as Lord Neuberger said in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 at [20], a case concerning service charge provisions in leases. He there observed that “The purpose of interpretation is to identify what the p…”
- Cited — Apache North Sea Ltd v Euroil Exploration Ltd & Anor 2020-10-30
“… construction are to be found in a series of recent cases, including Rainy Sky SA v Kookmin Bank [2011] UKSC 50; [2011] 1 WLR 2900; Arnold v Britton and others [2015] UKSC 36; [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173. No issue is taken with the Judge's summary of the law at [13] and [14]…”
- Cited — Lamesa Investments Ltd v Cynergy BankLtd 2020-06-30
“…Arnold v. Britton [2015] UKSC 36 [2015] AC 1619…”
- Cited — Barings (UK) Ltd v Deutsche Trustee Company Ltd & Ors (Rev 1) 2020-04-09
“…[2009] UKSC 2, [2010] 1 All ER 571, Arnold v Britton [2015] UKSC 36, [2015] AC 1619, and Wood v Capita Insurance Services Limited [2017] UKSC 244, [2017] AC 1173.…”
- Cited — Teesside Gas Transportation Ltd v Cats North Sea Ltd & Ors 2020-04-07
“… was not in dispute. Absent further intervention by the Supreme Court, the principles can now be taken as settled. They have been re-stated in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 and Wood v Capita Insurance Services Ltd [2017] UKSC 24, [2017] AC 1173 and need not be repeated here.…”
- Considered — Guest Services Worldwide Ltd v Shelmerdine 2020-02-04
“…rcial contract are very well known and there is no need to set them out again here. They have been considered in detail most recently, both in Arnold v Britton [2015] UKSC 36 per Lord Neuberger PSC at [15] – [23] (with whom Lords Sumption and Hughes JJSC agreed) and in Wood v CapitaInsurance Services Limited [2017] UKSC 24 per Lord …”
- Cited — Manchikalapati & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee & Zurich Municipal) & Ors 2019-12-05
“…what a reasonable person in the position of the parties would take the words used to mean. He relies upon the decision of the Supreme Court in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, in particular at [15] – [19]. I will not recite those wellknown paragraphs, but I accept that they state the general principles which we must …”
- Cited — Manchikalapati & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee & Zurich Municipal) & Ors 2019-12-05
“…Of course, I am mindful of Lord Neuberger’s warning in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, when he said:…”
- Cited — Fraser Turner Ltd v Pricewaterhousecoopers LLP & Ors 2019-07-19
“…[2015] UKSC 36,…”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…The decision of the Supreme Court in Arnold v Britton [2015] UKSC 36; [2015] AC 1619 signalled a need for caution in relying on considerations of commercial common sense in interpreting contracts. In particular, Lord Neuberger e…”
- Cited — Merthyr (South Wales) Ltd (FKA Blackstone (South Wales) Ltd) v Merthyr Tydfil County Borough Council 2019-03-28
“…nciple in the Chartbrook case and the passage from the judgment of Lord Wilberforce which includes this proposition was cited with approval in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, para 15, and Wood v Capita Insurance Services Ltd [2017] UKSC 24; [2017] AC 1173, para 10. It is an approach which, as Lord Wilberforce noted,…”
- Applied — Harcus Sinclair LLP v Harcus Sinclair UK Lte 2019-03-05
“…f restraint of trade. He took the principles to be applied from the Supreme Court’s decisions in Rainy Sky SA v. Kookmin Bank [2011] UKSC 50, Arnold v. Britton [2015] UKSC 36, and Wood v. Capita Insurance Services Limited [2017] UKSC 24. The judge held that the words “the contemplated Group…”
- Cited — Friends Life Ltd v Miley 2019-02-28
“… words of the Policy. In his approach to this issue of pure contractual construction, the learned Judge failed properly to adopt the ratio of Arnold v Brittain [2015] UKSC 36 that the Court’s role when construing a contract is to give effect to the parties’objective intentions, by reference (inter alia) to the natural meaning of the…”
- Cited — Pease v Henderson Administration Ltd 2019-02-15
“…applicable to the construction of contracts. They have been restated authoritatively by the Supreme Court in a number of decisions, notably in Arnold v Britton [2015] UKSC 36 at [14][23] per Lord Neuberger and Wood v Capita Insurance Services Ltd [2017] UKSC 24 at [10]-[14] per Lord Hodge. I see no advantage in seeking to summarise …”
- Cited — Spirit Energy Resources Ltd & Ors v Marathon Oil UK LLC 2019-01-17
“…of the agreement”. When construing multi-party documents no account should be taken of a fact or circumstances known to only one party: see eg Arnold v Britton [2015] UKSC 36 (“Arnold v Britton”) at paragraph [21] per Lord Neuberger. And in any event at no relevant point in time was there any statutory basis for the liability of emp…”
- Cited — British Telecommunications Plc v BT Pension Scheme Trustees Ltd & Anor 2018-12-04
“…Britton [2015] UKSC 36, [2015] AC 1619.…”
- Applied — W Nagel (A Firm) v Pluczenik Diamond Company NV 2018-11-28
“… to apply in such a situation if it is clear that this is what reasonable parties would have intended: see Lord Neuberger’s sixth principle in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, para 22; and Astor Management v Atalaya Mining Plc [2018] EWCA Civ 2407, para 40. The underlying policy is that the role of the court is limit…”
- Cited — Duval v 11-13 Randolph Crescent Ltd 2018-10-18
“…machinery was designed to overcome any possible problem that there might have been in enforcing positive covenants under a letting scheme (see Arnold v Britton [2015] UKSC 36, [2015] AC 1619 at [51]). Be that as it may, as Mr Mawrey put it in his skeleton argument: each individual lessee is given the right to compel the landlord to …”
- Cited — Agarwal v Cardiff University & Anor 2018-09-27
“…, many of them recent. I do not think it is a useful exercise for me to review them here. It is sufficient to say that it has been clear since Arnold v Britton [2015] UKSC 36, [2015] AC 1619, if it was not before, that while the commercial good sense of the potential outcomes which a particular construction might produce is certainl…”
- Distinguished — City of York v Trinity One (Leeds) Ltd 2018-08-29
“…In order to distinguish Arnold v Britton [2015] UKSC 36 (see below) on the facts of this case, TOL submitted that:…”
- Cited — City of York v Trinity One (Leeds) Ltd 2018-08-29
“…nguage of the contract. It is convenient to set out the principles which both parties rely upon from the authorities that were cited to us. In Arnold v Britton [2015] UKSC 36 Lord Neuberger sets out six principles, the first and sixth of which are relied upon by the parties:…”
- Cited — Holland And Barrett International Ltd & Anor v General Nutrition Investment Company 2018-07-04
“… II turns on the correct construction of a contract. The applicable legal principles were not in dispute. The appellants referred the court to Arnold v Britton [2015] UKSC 36 and Wood v Capita Insurance ServicesLtd [2017] UKSC 24.…”
- Cited — Trillium (Prime) Property GP Ltd v Elmfield Road Ltd 2018-07-04
“… to one of the alternative ways for the ascertainment of the Initial Rent, which in the event was not carried out. As Lord Neuberger put it in Arnold v Britton [2015] UKSC 36, [2015] AC 1619 at [18]:…”
- Cited — National Bank of Kazakhstan & Anor v The Bank of New York Mellon Sa/nv, London Branch 2018-06-19
“…There have been a number of recent Supreme Court cases which have sought to provide guidance on contractual interpretation, including Arnold v Britton [2015] UKSC 36; [2015] AC 1618 and Wood v Capita Insurance Services [2017] UKSC 24; [2017] AC 1173. The latest guidance is to be found in Wood. The single judgment in that ca…”
- Cited — Corvan (Properties) Ltd v Abdel-Mahmoud 2018-05-15
“…e term to “one year” is by no means obvious and furthermore would be to introduce evidence of subjective intention, which is inadmissible (see Arnold v Britton [2015] UKSC 36 (see paragraph 15 per Lord Neuberger PSC – see paragraph 27 below).…”
- Cited — Corvan (Properties) Ltd v Abdel-Mahmoud 2018-05-15
“…In approaching the correct construction of the clause, it is of assistance to bear in mind the helpful recent guidance of the Supreme Court in Arnold v Britton [2015] UKSC 36 (per Lord Neuberger PSC at paragraph 15):…”
- Cited — Leibson Corporation & Ors v TOC Investments Corporation & Ors 2018-04-17
“…he judge adopted a far too blinkered approach to the relevant factual matrix as well as falling into the trap referred to by Lord Neuberger in Arnold v Britton [2015] UKSC 36 at [19] of invoking “commercial common sense” retrospectively.…”
- Cited — Leibson Corporation & Ors v TOC Investments Corporation & Ors 2018-04-17
“…ar in mind the first five of the seven principles of construction stated by Lord Neuberger (with whom Lord Sumption and Lord Hughes agreed) in Arnold v Britton [2015] UKSC 36at [16ff]:…”
- Cited — Amey Birmingham Highways Ltd v Birmingham City Council 2018-02-22
“…d or even disastrous bargains which they make. In advancing that submission, Mr Lewis gained support from the judgment of the Supreme Court in Arnold v Britton [2015] UKSC 36; [2015] AC 1619. See, in particular, the judgment of Lord Neuberger at [19] to [20].…”