By Malcolm Simpson 

What if a contract doesn’t say what it should?

Whether or not a contract says what or all it should can be fertile ground for dispute. The issue can be exacerbated by the longevity of many contractual arrangements and the divergence, over time, of parties’ commercial interests.  The interpretation and potential implication of contractual terms continue to keep litigators busy, and comments made by the Court of Appeal in Bou Simon v BGC Brokers LLP will be of interest to anyone involved in the negotiation of commercial contracts.