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.
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 NERFINISHED ⓘ |
| country | United Kingdom ⓘ |
| court | House of Lords NERFINISHED ⓘ |
| defendant | Persimmon Homes Ltd NERFINISHED ⓘ |
| followedBy |
Arnold v Britton
NERFINISHED
ⓘ
Rainy Sky SA v Kookmin Bank NERFINISHED ⓘ Wood v Capita Insurance Services Ltd NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| judge |
Baroness Hale of Richmond
NERFINISHED
ⓘ
Lord Hoffmann NERFINISHED ⓘ Lord Hope of Craighead NERFINISHED ⓘ Lord Rodger of Earlsferry NERFINISHED ⓘ Lord Walker of Gestingthorpe NERFINISHED ⓘ |
| jurisdiction | United Kingdom ⓘ |
| language | English ⓘ |
| leadingJudge | Lord Hoffmann NERFINISHED ⓘ |
| 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 NERFINISHED ⓘ |
| overrulesOrClarifies | Investors Compensation Scheme Ltd v West Bromwich Building Society (clarified) NERFINISHED ⓘ |
| parties |
Chartbrook Ltd
NERFINISHED
ⓘ
Persimmon Homes Ltd NERFINISHED ⓘ |
| 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 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.