The ICLR has provided a summary for the recent decision Feld v Secretary of State for Business, Innovation and Skills [2014] EWHC 1383 (Ch), a case concerning the interpretation of an order granting a disqualified company director permission to act as a director, in circumstances where the director had been involved in the drafting of the order: see here.
The summary's headnote reads: "The principles of contractual interpretation could also be relevant to interpretation of a court order. Where a court order was to be applied to a person who had had a hand in drafting the terms of the order, the court should be entitled to have regard, as part of the exercise of construing the order, to what that person could reasonably have been thought to have intended in drafting the order in a particular way, as far as that might be objectively determined on the basis of the evidence presented to the court".
Thursday, 15 May 2014
UK: England and Wales: disqualification and the interpretation of a court order
The ICLR has provided a summary for the recent decision Feld v Secretary of State for Business, Innovation and Skills [2014] EWHC 1383 (Ch), a case concerning the interpretation of an order granting a disqualified company director permission to act as a director, in circumstances where the director had been involved in the drafting of the order: see here.
The summary's headnote reads: "The principles of contractual interpretation could also be relevant to interpretation of a court order. Where a court order was to be applied to a person who had had a hand in drafting the terms of the order, the court should be entitled to have regard, as part of the exercise of construing the order, to what that person could reasonably have been thought to have intended in drafting the order in a particular way, as far as that might be objectively determined on the basis of the evidence presented to the court".
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