Gastronome (UK) Ltd v Anglo Dutch Meats (UK) Ltd [2006] EWCA Civ 1233 (26 July 2006)

Gastronome (UK) Ltd v Anglo Dutch Meats (UK) Ltd [2006] EWCA Civ 1233 (26 July 2006)

The guarantee must be construed as referring to the company actually contracting with and invoicing IFS, i.e., the claimant, based on the commercial purpose and background known to both parties; extrinsic evidence is admissible to resolve ambiguity and identify the misdescribed party.

Citation
[2006] EWCA Civ 1233
Parties
Claimant/respondent: Gastronome (UK) Limited; Defendant/appellant: Anglo Dutch Meats (UK) Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Guarantee Interpretation, Extrinsic Evidence Admissibility, Misnomer Doctrine
Contract Law Commercial Law Guarantee Interpretation Extrinsic Evidence Admissibility Misnomer Doctrine

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Parties

Gastronome (UK) Limited

Claimant/respondent

Anglo Dutch Meats (UK) Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Who is the beneficiary of the ADM guarantee?
  2. 2 Is extrinsic evidence admissible to construe the guarantee?
  3. 3 Does the doctrine of misnomer apply to the guarantee?

Ratio Decidendi

The guarantee must be construed as referring to the company actually contracting with and invoicing IFS, i.e., the claimant, based on the commercial purpose and background known to both parties; extrinsic evidence is admissible to resolve ambiguity and identify the misdescribed party.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.