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Construing the meaning of a judicial order or injunction (SDI Retail Services Ltd v The Rangers Football Club Ltd)

Construing the meaning of a judicial order or injunction (SDI Retail Services Ltd v The Rangers Football Club Ltd)
Published on: 08 June 2021
Published by: LexisPSL
  • Construing the meaning of a judicial order or injunction (SDI Retail Services Ltd v The Rangers Football Club Ltd)
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Article summary

Commercial analysis: How does one interpret the meaning of a judicial order? What materials are admissible as part of that process? Applying existing authority, the Court of Appeal held that the construction of a judicial order or injunction is an objective exercise, depending on what its language would convey, in the circumstances in which the court made it, so far as these circumstances were before the court and patent to the parties. An order granting an injunction, having penal consequences, is to be restrictively construed. In either case, the reasons given by the court for making its order are always admissible as part of the process of construction. But it is doubtful whether the intentions of the judge making the order, or the submissions made by the parties, can usually or ever be relevant. Written by Seb Oram, barrister at 3PB Barristers. or take a trial to read the full analysis.

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