Source: All England Reporter
Publisher Citation: [2006] All ER (D) 94 (Apr)
Court: Chancery Division
Judge:

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

Catchwords

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.

The Case

Practice Areas

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