||All England Reporter
|| All ER (D) 217 (Oct)
|| EWCA Civ 1203
||Court of Appeal, Civil Division
Longmore, Rimer LJJ and Warren J
||Patrick Green and Elizabeth Humphreys (instructed by Legal Department of the CITB) for the claimant.
||Jolyon Maugham (instructed by Michael Welch & Co) for the defendant.
||26 October 2011
Contract - Construction - Purpose of contract - Defendant hiring workers via intermediary - Defendant alleging industrial training levy payable to claimant not being payable in respect of workers hired through intermediary - High Court determining defendant liable to pay levy on workers with whom it had not directly contracted - Defendant appealing - Whether defendant liable to pay levy on workers with whom it had not directly contracted - Industrial Training Levy (Construction Industry Training Board) Order 2009, art 8(1).
Contract Construction. The Court of Appeal, Civil Division, in dismissing an appeal, held that art8(1) of the Industrial Training Levy (Construction Industry Training Board) Order 2009, did not contemplate that parties to a labour only agreement would give evidence about their state of mind when they made the contract and it followed that the purpose of the contract had to be ascertained primarily from its terms while taking into account any relevant background.
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