References: [2006] EWHC 67 (Ch)
Links: Bailii
Coram: Blackburne J
Ratio:
This case cites:
- Cited – West Bromwich Building Society v Wilkinson HL (Bailii, Times 04-Jul-05, House of Lords, [2005] UKHL 44, [2005] 1 WLR 2303)
The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation . . - Cited – HIH Casualty and General Insurance Limited v New Hampshire Insurance Company Independent Insurance Company Limited Axa Reinsurance S A CA (Bailii, [2001] EWCA Civ 735, [2001] 2 Lloyds Rep 161, [2001] LLR IR 224)
A claim was made under a re-insurance policy which supported film finances. The re-insurers resisted the claim on the grounds of misrepresentation. Rix LJ: ‘In principle it would seem to me that it is always admissible to look at prior contracts as . .
(This list may be incomplete)
This case is cited by:
- Appeal from – KPMG Llp v Network Rail Infrastructure Ltd CA (Bailii, [2007] EWCA Civ 363, [2007] Bus LR 1336)
The parties disputed the interpretation of a break clause in their lease. Carnwath LJ said that courts should not readily accept that parties have made mistakes in formal documents: ‘correction of mistakes by construction’ is not a separate branch . .
(This list may be incomplete)
Last Update: 04 December 2018
Ref: 238346
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