A variation deed that does not clearly and expressly alter the fundamental financial arrangements of the antecedent agreement will not be construed as doing so, particularly where the variation deed contains provisions confirming the antecedent agreement remains in full force and effect. Where separate questions are ordered on liability only, a court cannot enter judgment for a specific sum without giving the parties an opportunity to address quantum.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.