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If you have a right to use a water pipe 'for all agricultural and horticultural purposes and for domestic purposes' would this include use as a campsite 28 days a year?

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Published on LexisPSL on 01/04/2020

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  • If you have a right to use a water pipe 'for all agricultural and horticultural purposes and for domestic purposes' would this include use as a campsite 28 days a year?

If you have a right to use a water pipe 'for all agricultural and horticultural purposes and for domestic purposes' would this include use as a campsite 28 days a year?

The leading statement on interpretation of contracts is to be found in Investors Compensation Scheme v West Bromwich Building Society, where Lord Hoffmann sets out five principles. These were later summarised by Lord Bingham in BCCI SA (in liquidation) v Ali as follows:

‘To ascertain the intention of the parties, the court reads the terms of the contract as a whole, giving the words used their natural and ordinary meaning in the context of the agreement, the parties’ relationship and all the relevant facts surrounding the transaction so far as known to the parties. To ascertain the parties’ intentions, the court does not of course inquire into the parties’ subjective states of mind but makes an objective judgment based on the materials already identified.’

In the (assumed) absence of an interpretation clause within the document which confers the right in question, the court is likely to consider the dictionary definitions of the relevant words, coupled with instances of case law or statute where a particular word or phrase may have been defined or interpreted previously (although case law instances are frequently fact-sensitive and so of limited precedent value). However:

  1. dictionary definitions of

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