HELPFUL OBITER!

"If detailed semantic and syntactical analysis of words in a commer cial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense."

Lord Diplock. Antaios Compania v Salen Rederierna [1985] AC 191

"if a prize were to be offered for the form of building contract which contained the most one-sided, obscurely and ineptly drafted clauses in the United Kingdom, the claim of this contract could hardly be ignored, even if the RIBA form of contract was among the competitors"

Salmon LJ. Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd 1BLR114

Regarding s.4(1) of the Trade Marks Act 1938 which comprises a single sentence of 253 words. "I doubt if the entire statute book could be successfully searched for a sentence of equal length which is of more fuliginous obscurity."

MacKinnon LJ. Bismag v Amblins (Chemists) Ltd

"though it is never agreeable to have to choose the lesser of two incongruities, we have to do so here"

Lord Wilberforce. City of Westminster v J Jarvis & Sons Ltd 7BLR64

Regarding an architect's issue of an incorrect certificate ... "they were doing their incompetent best"

John Newey J at first instance, repeated by May LJ on appeal. Lubenham Fidelities v South Pembrokeshire DC 33BLR39