Bronte,
Do like I asked you to do in relation to the Geoghegan judgment, then comment. Try to be informed as possible. Read my article on variation clauses and how the European Court of Justice has now issued guidance on the matter. Judge Hogan is more qualified than these other Judges, this is fact or are you going to dispute this.
Oh by the way, this is what the law says in relation to the interpreting of contracts:-
Interpreting contracts in English law is an area of
English contract law, which concerns how the courts decide what an agreement means. It is settled law that the process is based on the
objective view of a reasonable person, given the context in which the contracting parties made their agreement. This approach marks a break with previous a more rigid modes of interpretation before the 1970s, where courts paid closer attention to the formal expression of the parties' intentions and took more of a literal view of what they had said.
The process of interpretation was often skewed by courts who tried to construe contracts in a way that was
fair. Before the
Unfair Contract Terms Act 1977, the courts had not developed a jurisdiction to strike down unfair terms. When faced with harsh
exclusion clauses they would often "interpret their way out" of the plain meaning of the clause through a process of strict construction against the party relying on a clause (in Latin,
contra proferentum). This would often run contrary to the common sense meaning of a contractual document, and embodied a strained approach.
Finally read up on the "Sheedy" affair in relation to political interference and the separation of powers, it might change your naive view of the world we live in.
"Mr Justice Cyril Kelly of the High Court followed Supreme Court judge Hugh O'Flaherty today, when he became the second senior member of the judiciary to resign in the Sheedy controversy. Mr Justice Kelly said he bore no ill will to any person connected with the matter and had sought at all times to behave as a judge should in these circumstances. The Bar Council said they deeply regretted the circumstances that led to the resignation. It added that they were extremely concerned by recent events."