Chartbrook Ltd v Persimmon Homes Ltd

E655800

Chartbrook Ltd v Persimmon Homes Ltd is a leading UK House of Lords decision on contractual interpretation, particularly the admissibility of pre-contractual negotiations and the correction of obvious drafting mistakes.

All labels observed (1)

Label Occurrences
Chartbrook Ltd v Persimmon Homes Ltd canonical 2

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf House of Lords decision ⓘ
UK case law decision ⓘ
contract law case ⓘ
areaOfLaw commercial law ⓘ
contract law ⓘ
citation [2009] 1 AC 1101 ⓘ
[2009] UKHL 38 ⓘ
claimant Chartbrook Ltd ⓘ
country United Kingdom ⓘ
court House of Lords ⓘ
defendant Persimmon Homes Ltd ⓘ
followedBy Arnold v Britton ⓘ
Rainy Sky SA v Kookmin Bank ⓘ
Wood v Capita Insurance Services Ltd ⓘ
holding appeal allowed in favour of Persimmon Homes Ltd ⓘ
contract wording could be corrected to reflect parties' objective intention ⓘ
evidence of pre-contractual negotiations remained inadmissible for interpretation ⓘ
influencedBy Investors Compensation Scheme Ltd v West Bromwich Building Society ⓘ
judge Baroness Hale of Richmond ⓘ
Lord Hoffmann ⓘ
Lord Hope of Craighead ⓘ
Lord Rodger of Earlsferry ⓘ
Lord Walker of Gestingthorpe ⓘ
jurisdiction United Kingdom ⓘ
language English ⓘ
leadingJudge Lord Hoffmann ⓘ
legalIssue admissibility of pre-contractual negotiations ⓘ
contractual interpretation ⓘ
correction of obvious drafting mistakes ⓘ
legalPrinciple courts may correct obvious drafting mistakes in contracts ⓘ
distinction between interpretation and rectification ⓘ
interpretation based on what a reasonable person with background knowledge would understand ⓘ
objective approach to contractual interpretation ⓘ
pre-contractual negotiations are generally inadmissible as an aid to construction ⓘ
subsequent conduct is generally inadmissible for interpretation ⓘ
legalSystem common law ⓘ
locationOfCourt London ⓘ
linked to: London, England
overrulesOrClarifies Investors Compensation Scheme Ltd v West Bromwich Building Society (clarified) ⓘ
parties Chartbrook Ltd ⓘ
Persimmon Homes Ltd ⓘ
precedentialStatus binding precedent in England and Wales ⓘ
leading authority ⓘ
subjectMatter calculation of additional residential payment ⓘ
property development agreement ⓘ
topic construction of commercial contracts ⓘ
use of background or matrix of fact ⓘ
yearOfDecision 2009 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann → notableWork → Chartbrook Ltd v Persimmon Homes Ltd ⓘ