Contract formation and interpretation

The Technology and Construction Court (UK) has followed Lord Hoffmann's generous admissibility of extrinsic evidence ( Investors' Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896, as qualified by his Lordship in Bank of Credit and Commerce International SA v Ali [2002] 1 AC 251 at 269), in order to decide a battle of the forms which was compounded both by previous course of dealings and by the fact that the contract had been fully performed. [Case ref: Trebor Bassett Holdings Ltd v ADT Fire and Security PLC [2011] BLR 661.]