Wood v Capita Insurance Services Ltd [2017] UKSC 24 – Page 2

Construction: Dubious drafting

Sapna Garg examines a recent case on contractual interpretation ‘What can we take from this case? It is a trite point, but surely there is no clearer illustration of how failing to draft a contract clearly and unambiguously can land the parties in a lengthy and costly dispute.‘ At the start of a new business …

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Insights By Penningtons Manches: Roll with it – contractual interpretation

Clare Arthurs and Nicole Finlayson report on recent citations of Wood v Capita ‘Both these cases illustrate in practice the approach set out in Wood of employing the tools of textualism and contextualism together, seeking a balance between the literal meaning of the words and their context to arrive at the correct interpretation.’ Earlier this …

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Construction: Brick by brick

Claire King analyses recent judicial trends in the contractual interpretation of construction contracts ‘What has sometimes been used as a “get out of jail card” (ie arguing business common sense to escape an otherwise harsh result) is going to be an increasingly hard card to use in the future.’ The key to resolving disputes is …

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Update: Seeing the Wood for the trees

Rebecca Williams and David Wright examine a recent Supreme Court judgment ‘The judgment in Wood is a reaffirmation that the court will use all the tools available to it to seek to understand the meaning of the wording in a contract, using the text itself, but also the wider contract and commercial intention of the …

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