Say What You Mean Then You'll Mean What You Say

Are you in dispute over a policy term?

If you are involved in a coverage dispute involving the interpretation of a policy term, you will be interested in the judgment handed down by the House of Lords on Wednesday 1 July in Chartbrook -v- Persimmon Homes [2009] UKHL 98.

This judgment had been eagerly anticipated as it was expected to deal with the vexed question as to whether evidence of pre-contract negotiations is admissible in interpreting the meaning of a contract. The existing rule is that such evidence is not admissible (known as 'the exclusionary rule') but this has been questioned by academics and members of the judiciary.

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