Claims in contract and tort in English law

For more guidance on claims, causes of action and remedies in English law beyond the Practice Notes below, see the Dispute Resolution module.

Contract interpretation

Interpreting contracts—the guiding principles

This Practice Note summarises the principles applied when interpreting the meaning of contracts, starting with Lord Hoffman’s dicta in Investors Compensation Scheme, ie the objective test (reasonable person), the relevance of background knowledge and the factual matrix, the exclusion of previous negotiations and subjective intent, and the natural and ordinary meaning of words and the specific words used.

See Practice Note: Contract interpretation—the guiding principles.

Rules of contract interpretation

This Practice Note considers key cases (Rainy Sky v Kookmin, Arnold v Britton, Wood v Capita) and specific rules including: whole of the document relevant, commercial common sense (business common sense), avoiding an unreasonable result, saving the document, consistency of terms, standard and printed terms and general and special conditions, mistakes, contra proferentem, ejusdem generis and NOM clauses.

See Practice Note: Contract interpretation—rules of contract interpretation.

Contract termination and damages

Termination for breach

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Ontario Court of Appeal Adopts Objective Standard for Arbitrator Disclosure Obligations and Challenges (Aroma)

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The English court’s jurisdiction to grant anti-suit injunctions in relation to proceedings against third parties to an arbitration agreement (Renaissance Securities Ltd v ILLC Chlodwig Enterprises)

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