TJH And Sons Consultancy Ltd v CPP Group plc

Contract – Construction. The Court of Appeal, Civil Division allowed an appeal by the claimant consultancy company against a decision of a judge that the defendant financial service business had discretion to pay certain additional consultancy fees. The court found that there was insufficient material to displace the natural meaning of cl 5.1 (a) of the consultancy agreement that the defendant had no general discretion to withhold an additional fee once it had been calculated according to the relevant principles.

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