WebArnold v Britton. By Nicholas Kissen, Senior Legal Advisor. June 2015. On 10 June 2015 the Supreme Court handed down its judgment in the case of Arnold v Britton and others. The purpose of this article is to explain the facts and issues behind this decision and why it is important for all those dealing with the interpretation of service charge ... WebFacts. Leases of chalets in a leisure park contained a clause that the tenant was to pay the lessor (landlord) a service charge that increases 10% for every subsequent …
Arnold (Respondent) v Britton and others (Appellants)
WebJun 21, 2024 · the overall purpose of the clause and the contractthe facts and circumstances known or assumed by the parties at the time the document was executed. commercial common sense. but disregarding evidence of the parties' subjective intentions. Despite those clear guidelines, there are still cases that arise in practice that need to be decided. WebSep 1, 2024 · This case document summarizes the facts and decision in Arnold v Britton [2015] UKSC 36. The document also includes supporting commentary from author Nicola Jackson. Read more erick nathan
Fixed service charges: clarity from the Supreme Court - LinkedIn
WebThe decision of the English Supreme Court in Arnold v Britton [2015] UKSC 36 was widely viewed as marking a shift to a more literal interpretation of contracts and away from the purposive or commercial approach adopted in Re Sigma Finance [2009] UKSC 2 and Rainy Sky v Kookmin Bank [2011] UKSC 50. Lord Neuberger stated in Arnold v Britton that … WebThe qualification that Arnold v Britton provides is that the court should not go looking for ambiguity. Marks & Spencer v BNP Paribas. A similar approach was adopted by the Supreme Court in the more recent case of Marks & Spencer v BNP Paribas [2015] UKSC 72, a case which concerned the issue of implied terms. The Supreme Court … WebThe decision of the English Supreme Court in Arnold v Britton [2015] UKSC 36 was widely viewed as marking a shift to a more literal interpretation of contracts and away from the … eric knapp ny