Following the publication of our Discussion Paper on Interpretation of Contract (DP No 147) on 23 February 2011, there have been several noteworthy decisions from the courts which attract comment.  These decisions were not available at the time of printing the Discussion Paper, but nonetheless merit consideration alongside it.  We will accordingly use this opportunity to provide periodic updates on new decisions of the courts on this topic. The speed and frequency of the emergence of these decisions is reflective of the fast-moving nature of this area of law and its importance to commercial parties litigating before the Scottish (and other) courts today.  Where appropriate, we indicate where these decisions should be considered alongside the relevant sections of our Discussion Paper.


Advice on European sales law

Following a reference from the Ministry of Justice and the Department for Business, Innovation and Skills, we have published joint advice with the Law Commission on the European Commission's proposed Regulation on a Common European Sales Law  Read more...


Lord Hope on the role of the judge in developing contract law

A talk which Lord Hope of Craighead gave last autumn to a contract law conference in Jersey, entitled The Role of the Judge in developing Contract Law, has recently been published  Read more...


After the event: subsequent conduct and interpretation

See further DP No 147 Chapter 4, paragraph 4.17, Chapter 5, paragraph 5.21 and Question 8, paragraph 7.18

Lord Hodge's opinion in Quantum Claims Compensation Specialists Ltd v Wren Insurance Services [2011] CSOH 61 provides valuable Scottish guidance on the position of subsequent conduct  Read more...


Possible Supreme Court challenge to entire agreement clauses? 

See further DP No 147 Chapter 3, paragraph 3.17, especially footnote 21 

We note a recent decision of the Court of Appeal in England and Wales, Axa Sun Life Services plc v Campbell Martin Ltd & Others [2011] EWCA Civ 133, 18 February 2011, which concerns the construction of a contract  Read more…


Lord Hodge's survey of interpretation principles, mixed with a little rectification… 

See further DP No 147 Chapter 5, especially paragraphs 5.13-5.16 

Lord Hodge was called upon to interpret the provisions of a commercial agreement in Macintyre House Limited v Maritsan Developments Limited [2011] CSOH 45, 4 March 2011  Read more…


Interpretation… the Jamaican way 

See further DP No 147 Chapter 4 

The recent decision of the Judicial Committee of the Privy Council in Thompson v Goblin Hill Hotels Limited [2011] UKPC 8, 10 March 2011, an appeal against a decision of the Court of Appeal of Jamaica, is concerned with  Read more…


Progress towards a Common Frame of Reference 

The Expert Group set up by the European Commission to draw up a Common Frame of Reference in the area of European contract law has published its proposals for rules on interpretation of contract  Read more...


Interpreting a contract the German way

In Marine and Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011] EWCA 32 (Comm) (24 January 2011) Mr Justice Simon applied the German law of contractual interpretation Read more ...


Sea lice and other perils 

See DP No 147 Chapter 5, esp paras 5.5-5.9, 5.15 and 5.28-5.29

In Green Island Organics Limited v QBE Insurance (Europe) Ltd [2011] CSOH 15 (27 January 2011) Lord Menzies interpreted Read more …


Interpretation, implied terms and rectification 

See DP No 147 Chapter 5, esp para 5.12

In Brown v Rysaffe Trustee Company (CI) Limited [2011] CSOH 26 (8 February 2011) Lord Glennie grappled Read more ...