In the Court of Appeal last month, Lord Justice Mummery blamed poor drafting for giving the court an interpretation problem. Specifically, the drafter who wrote “unless otherwise agreed and/or requested by the Purchaser …” had failed to identify what the Purchaser might request or the consequences of non-compliance, and had flagged up this lack of drafting skill by using “and/or” to mean “or”.

The judge condemned the use of “and/or”, citing this article: Andorandorand by Sir Robert Megarry, published in Law at the Centre (1999) and in A New Miscellany-at-Law (2005).

See Situ Ventures Ltd v Bonham-Carter [2013] EWCA Civ 47, 7 February 2013, especially paragraphs 9, 26 and 37. Thanks to Anna Janik for pointing out this decision.

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