Construction of Contractual Terms Post-Chartbrook
The environment in the financial markets over the last two years has inevitably led to greater scrutiny of the legal documents underpinning complex commercial transactions. A judgment recently handed down by the Chancellor of the High Court has shed some light on the extent to which the English Court is prepared to correct documents so as to reflect the parties’ intentions following the recent House of Lords decision in Chartbrook Ltd v. Persimmon Homes Ltd [2009] 1 AC 1101.
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