A construction conundrum

McLauchlan, David (2011) A construction conundrum. Lloyd's Maritime and Commercial Law Quarterly, 2011 3: 428-448.

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Author McLauchlan, David
Title A construction conundrum
Journal name Lloyd's Maritime and Commercial Law Quarterly   Check publisher's open access policy
ISSN 0306-2945
ISBN 9781859789780
1859789781
Publication date 2011
Sub-type Article (original research)
Open Access Status
Volume 2011
Issue 3
Start page 428
End page 448
Total pages 21
Place of publication Colchester, Essex, U.K.
Publisher Informa U.K.
Collection year 2012
Language eng
Formatted abstract
This article analyses the recent decision of the United Kingdom Supreme Court in Multi-Link Leisure Developments Ltd v. North Lanarkshire Council and argues that the reasons given by their Lordships for dismissing the appeal are unconvincing. It is suggested that the decision arguably crossed the fine line between giving a commonsense or “commercial” interpretation to the bargain actually made and granting relief from an unfavourable bargain. More importantly perhaps, it is argued that the case illustrates that, despite the wide acceptance of Lord Hoffmann’s restatement of the fundamental principles of interpretation in Investors Compensation Scheme Ltd v. West Bromwich Building Soc, his Lordship’s “old intellectual baggage of ‘legal’ interpretation” is still carried around by some judges and, as a result, discrepancies continue in the basic approach of the courts to issues of contract interpretation.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2012 Collection
TC Beirne School of Law Publications
 
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Created: Fri, 23 Mar 2012, 11:50:49 EST by Carmen Buttery on behalf of T.C. Beirne School of Law