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LORD JUSTICE WARD LADY JUSTICE BLACK and LORD JUSTICE TOMLINSON ____________________
(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)
Andrew George (instructed by Howard Kennedy Solicitors) for the Respondent Anthony Trace QC and Louise Hutton (instructed by Macfarlanes LLP) for the Appellant Hearing dates : 24, 25 May 2011 ____________________
Interactive seeks to uphold the judgment below and additionally seeks a declaration that the contracts impose on City Index the obligation to provide notice of termination to clients in respect of its contractual relationships with them so as to ensure that (where such contracts would not otherwise expire at the end of the WDP) such contracts terminate on the expiry of the WDP.
ii) Clauses 15.2, 15.3, 15.4 and 15.5 seem to draw a clear distinction between (a) termination of the agreement and (b) expiration of the WDP. Yet on Interactive's case the expression "on the termination of this agreement" when used in Clauses 10.2 and 10.3 means at the expiry of the WDP.
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Common Room
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