The scope of surrounding circumstances admissible in construing a written contract is bounded by what the parties knew in the context of their mutual dealings. Documents known only to one party (such as a prior insurance policy with a different insurer) and the subjective intentions of non-party intermediaries are inadmissible. The Investors Compensation Scheme formulation cited in Maggbury does not expand the Codelfa framework. In insurance coverage clauses, 'in connection with' an insured's activity of allowing persons on property for a stated purpose is satisfied where the occurrence arises in circumstances reasonably incidental to that activity, including overnight accommodation on a remote property.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
2 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.