Construction of finance documents—key cases

The following Banking & Finance practice note provides comprehensive and up to date legal information covering:

  • Construction of finance documents—key cases
  • Cases on the principles of contractual construction
  • Examples of court construction of finance documents

Construction of finance documents—key cases

This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided by topic area and include:

  1. Cases on the principles of contractual construction

  2. Examples of court construction of finance documents

Cases on the principles of contractual construction

Names of partiesJudgment dateCase summaryRelevant content
Investors Compensation Scheme v West Bromwich Building Society [1998] 1 All ER 9819 June 1997The leading House of Lords judgment setting out the key principles applicable to any exercise involving the construction of contracts. The judgment of Lord Hoffmann contains five principles of construction of contracts which have been cited in most of the leading cases on contract construction.See Practice Note: Contract interpretation—the guiding principles
Chartbrook Homes Ltd v Persimmon Homes Ltd [2009] 4 All ER 6771 July 2009Although the courts did not readily accept that linguistic mistakes were made in formal contracts, where the background and context drove the court to conclude that something had gone wrong with the language in a contract, the law did not require the court to attribute to the parties an intention which a reasonable person would not have understood them to have had. Where there was a clear mistake in the contract and it was clear what correction ought to be

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