Dilapidations: Common sense prevails

DWF | Property Law Journal | September 2014 #324
Euan McSherry reviews a Scottish case where a business common sense construction triumphed in the interpretation of a terminal dilapidations claim ‘One can envisage that tenants will seek to rely on this judgment to argue that in dilapidations disputes, landlords will need to demonstrate that they have in fact suffered, or are genuinely going to …

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Contract: I can see clearly now… interpreting contracts post-Rainy Sky

Penningtons Manches Cooper LLP | Procurement & Outsourcing Journal | September/October 2012 #8
Clare Arthurs and Sebastian Kokelaar assess the implications of a recent decision in the Supreme Court The bank’s interpretation was, arguably, commercially implausible, whereas on the claimants’ interpretation the whole of para 2 could be said to be redundant.In Rainy Sky SA v Kookmin Bank [2011] the Supreme Court revisited the principles governing the construction …

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