Fawcett Properties Ltd v Buckingham County Council [1960] has become a leading case in planning law and concerned agricultural conditions of use.
It has been applied in English trusts law which has long held a cy-près doctrine, expressed in pre 1649-Law French meaning "there nearly" that is perfecting concepts or a purpose for funds which is tantamount to a legitimate interest or concern and intended to take clear effect.
In the course of his judgment, Lord Denning reasoned:[1] Lastly, when he came to his reply on uncertainty, Mr. Megarry mentioned the contract cases such as In re Vince [1892] 2 Q.B.
The duty of the court is to put a fair meaning on the terms used, and not, as was said in one case, to repose on the easy pillow of saying that the whole is void for uncertainty: see Doe d. Winter v Perratt (1843) 6 M&G 314, 361, HL by Lord Brougham, In re Roberts (1881) 19 Ch.D.
It is the daily task of the courts to resolve ambiguities of language and to choose between them; and to construe words so as to avoid absurdities or to put up with them.