|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 94 (Apr)|
Martin Mann QC sitting as a deputy judge of the High Court
|Representation||Jonathan Brock QC and Martin Dray (instructed by Freeth Cartwright LLP) for the claimant.|
|Keith Rowley QC and Katherine McQuail (instructed by Browne Jacobson LLP) for the defendant.|
|Judgment Dates:||7 April 2006|
Contract - Implied term - Implication necessary to give business efficacy to contract - Agreement relating to access to land - Approach by court - Whether permissible for court to supply machinery through implication of term necessary to ensure that parties' common intention to be bound not failing for want of such mechanism.