||All England Reporter
|| All ER (D) 192 (Jan)
|| EWHC 33 (Comm)
||Queen's Bench Division, Commercial Court
Judge Chambers QC (Sitting as a Judge of the High Court)
||Alec Haydon (instructed by Ashurst LLP) for the claimant.
||Laurent Sykes (instructed by Eversheds LLP) for the defendants.
||20 January 2012
Contract - Construction - Terms - Tax deed - Preliminary issue - Claimant selling shares in company under sales purchase agreement and tax deed - Dispute arising over whether repayment of refunds including tax - Preliminary issue of interpretation before court - Whether repayment of interest was to be inferred from relevant clause.
Contract Construction. The Commercial Court, in answering a preliminary issue, held that there was no implication in the words 'repayment of Tax' in cl 6 of the tax deed such that they included repayment of interest.
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