“…pproach, it is to be found in the judgments of Lord Hodge JSC at [5]-[7] and Lord Toulson JSC at [35] in Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 [2017] AC 73.…”
“…Insurance Ltd [2016] UKSC 57; [2016] 3 WLR 1422; [2017] AC 73 (at [31]). In Ali v Petroleum Co of Trinidad and Tobago [2017] UKPC 2 at [7], Lord Hughes commented:…”
“…1889) 23 QBD 453 at 456. He also cites the Supreme Court’s application of that dictum in Impact Funding Solutions Limited v Barrington Support Services Limited [2016] UKSC 57; [2017] AC 73. At [6] – [8] Lord Hodge JSC said:…”
“…igations of one of the contracting parties. That was the issue that divided the Supreme Court in Impact Funding Solutions Ltd v Barrington Support Services Ltd [2016] UKSC 57, [2017] AC 73. Lord Toulson, in the majority, illustrated the point at [36] by quoting from the report of the Law Commission which preceded the passing of the …”
“…pencer plc v BNP Paribas Securities Trust Co (Jersey) Ltd [2015] UKSC 72; [2016] AC 742 at [28]; Impact Funding Solutions Ltd v Barrington Support Services Ltd [2016] UKSC 57; [2017] AC 73 at [31]; Trump at [33] and [42]; Dunnett at [34]. The objective of the exercise is not to determine what the parties meant to do in the broad sen…”