Commercial update: The meaning of deleted terms and voluntary arrangements in the Court of Appeal

It is not uncommon for the final version of a contract to show clauses that have been replaced, deleted or struck out during the parties’ negotiations. Can you have regard to them in order to interpret the contract? The Court of Appeal has given guidance on that, and on setting aside voluntary arrangements for “material irregularity”, in Narandas-Girdhar v. Bradstock [2016] EWCA Civ 88.

Cheryl Jones, a Commercial and Chancery barrister analyses the decision for Commercial lawyers. To view her profile click here.