- Oceanbulk Shipping & Trading SA v TMT Asia Ltd
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Oceanbulk Shipping & Trading SA v TMT Asia Ltd Court Supreme Court Citation(s) [2010] UKSC 44 Judge(s) sitting Lord Phillips, Lord Rodger, Lord Walker, Lord Brown, Lord Mance, Lord Clarke, Sir John Dyson Keywords Without prejudice, construction Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSC 44 is an English contract law case concerning interpretation of contracts.
Contents
Facts
TMT and Oceanbulk had reached a written settlement agreement after a dispute in a series of freight forward contract, but then disagreed about what the settlement meant as well. They had been in "without prejudice" negotiations. TMT was arguing that as an exception to the rule excluding "without prejudice" negotiations from consideration of construing the settlement agreement, they could be taken into account if they would ordinarily be admissible as part of the factual matrix or circumstances in construction of an agreement.
Judgment
The Supreme Court held there should be an exception to the without prejudice rule for facts communicated between the parties in the course of without prejudice negotiations where such facts would assist the court to construe an agreement that resulted from the negotiations.
See also
Construing contract terms Smith v Hughes (1871) LR 6 QB 597Hartog v Colin & Shields [1939] 3 All ER 566Canada Steamship Lines v R [1952] AC 192Rose Ltd v Pim Ltd [1953] 2 QB 450The Diana Prosperity [1976] 1 WLR 989Photo Production Ltd v Securicor Transport Ltd [1980] UKHL 2Thake v Maurice [1986] QB 644ICS Ltd v West Bromwich BS [1997] UKHL 28HIH Casualty Ltd v Chase Manhattan Bank [2003] UKHL 6Oceanbulk Shipping SA v TMT Asia Ltd [2010] UKSC 44Notes
References
External links
Categories:- English contract case law
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