The question of whether persons are in partnership is a question of substance and not form: the label which the parties choose to give to their relationship is not determinative. Megarry J considered the status of a salaried partner: ‘Certain aspects of a salaried partnership are not disputed. The term ‘salaried partner’ is not a … Continue reading Stekel v Ellice: ChD 1973
Whether unilateral changes to an employment contract amounted to a constructive dismissal. Citations: [1977] IRLR 342 Jurisdiction: England and Wales Cited by: Cited – McBride v Scottish Police Authority (Scotland) SC 15-Jun-2016 The court was asked whether the employment tribunal had been correct, after finding that the appellant had been unfairly dismissed, to order her … Continue reading Coleman v S and W Baldwin: 1977
The appellant said that his human rights were infringed when, as a moslem, he was refsued time off from his work as a primary school teacher to attend prayers at the mosque on Fridays. He had subsequentlly been re-instated part-time, but complained that this affected his pension rights. Held: Lord Denning MR said that whilst … Continue reading Ahmad v Inner London Education Authority: CA 1977
The defendant had relied on a non-reliance clause in the special conditions of a tender: ‘Messrs. Lalonde Bros and Parham for themselves, for the vendors or landlord whose agents they are give notice that (a) These particulars are prepared for the convenience of an intending purchaser or tenant and although they are believed to be … Continue reading Cremdean Properties Ltd v Nash: CA 1977
The applicant, a management consultant was said by his employer to ‘ordinarily work outside Great Britain’ and thus to be outside the protection of UK employment legislation. Held: The legislation had in ‘deceptively simple-looking words’ thrown up some problems which he did not think Parliament had foreseen. The Act threw emphasis on the contract of … Continue reading Wilson v Maynard Shipbuilding Consultants AB: CA 1978
The court discussed the test to be applied to an employment to see whether a British court had jurisdiction over it: ‘But in other cases there is more difficulty. I refer particularly to the type of case we have here of the airline pilot. He is based in Great Britain, but ordinarily works for the … Continue reading Todd v British Midland Airways: CA 2 Jan 1978
Slynn J said: ‘It seems to us that where what is being relied upon by an employer or an employee is not a resignation or a dismissal but conduct which is said to be a fundamental breach of the contract and where the parties said to have been in breach, has not indicated that it … Continue reading Fisher v York Trade Leco Ltd: 1979
The employers were unhappy about the claimant’s performance though they gave him no warning. He was invited to a meeting in London to discuss pay but was there told that they were to discuss his shortcomings. A list was read out to him, and he was told that one way of resolving the problem was … Continue reading Crowley v Ashland (UK) Chemicals Ltd: EAT 20 Apr 1979
When construing restrictive covenants in an employment contract, the court should construe the contract in the light of the object and intent of the contract as a whole. It may be read down and need not be read literally. Lord Denning said that it is just because there may be serious difficulties in identifying precisely … Continue reading Littlewoods Organisations Ltd v Harris: CA 1977
There is implied into a contract of employment a term that the employers will not, without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between the employer and employee. When considering a breach of an employment contract, the court must … Continue reading Courtaulds Northern Textiles Ltd v Andrew: EAT 1979
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977
The correct approach for the Industrial Tribunal looking at a company re-organisation is to make a finding as to the advantages to the employers of a proposed re-organisation and whether it was reasonable for them to implement it by terminating existing contracts and offering employees new ones. If there is a sound good business reason … Continue reading Hollister v National Farmers Union (NFU): CA 1979
To have a transaction set aside as a harsh and unconscionable bargain, a party would have to show not only that the terms of the transaction were harsh or oppressive, but also moral unfairness. Browne-Wilkinson J said: ‘In my judgment a bargain cannot be unfair and unconscionable unless one of the parties to it has … Continue reading Multiservice Bookbinding Ltd v Marden: ChD 1978
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review. Held: A stipulation as to time in an option clause will normally be of the essence. The grantor … Continue reading United Scientific Holdings v Burnley Borough Council: HL 1978
Backgroun Used to Construe Commercial Contract Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their intention. Evidence of negotiations is not admissible. Assumptions which … Continue reading Prenn v Simmonds: HL 1971
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. Held: The company’s appeal was allowed. The store had reasonable grounds for … Continue reading British Home Stores Ltd v Burchell: EAT 1978
The parties disagreed as to the curial law of an arbitration agreement. The proper law of the building contract and the arbitration agreement was English but the reference was conducted in Scotland. Held: Evidence of behaviour after a contract had been made is inadmissible to assist in the construction of an entirely written contract. An … Continue reading Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd: HL 1970
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events which justified his leaving, and that he left his employment with the defendant … Continue reading Western Excavating (ECC) Ltd v Sharp: CA 1978
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The question of the reasonableness of a clause must be assessed having regard to the relevant clause viewed as a whole: it is not right to take any particular part of the clause in isolation, although it must also be viewed against a breach of contract which is the subject matter of the case before … Continue reading AEG (UK) Limited v Logic Resource Limited: CA 20 Oct 1995
British Telecommunications Plc provided its own directory service. BT was licenced as a public telecommunications operator requiring it to provide telephone services on request to anyone who sought them without discrimination. The claimant wanted to operate its own free service, and contracted with BT to use a line, but BT then gave notice to end … Continue reading Timeload Ltd v British Telecommunications plc: CA 1995
A clause providing that the employer could dismiss an employee in the first two years of employment without implementing the disciplinary procedure was not void under the 1977 Act. Section 3 extended to contracts of employment and although the meaning was ‘artificial’, an employee dealt ‘as a consumer’ with his employer. However the claim failed … Continue reading Brigden v American Express Bank Ltd: 2000
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008
Claim for unpaid fees for the use of serviced office accommodation and a very large counter-claim for mis-representation and breach of contract over allegedly defective air conditioning. Citations: [2007] EWHC 938 (Comm), [2007] 2 All ER (Comm) 766 Links: Bailii Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Citing: Cited – Ruxley Electronics … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: ComC 4 May 2007
The defendants had contracted to transport goods for the plaintiff. The goods had been left at empty premises and were damaged or stolen. The defendant sought to rely upon their clause excluding liability. Held: The reasonableness of a standard contract term was best pleaded by the proponent of it. ‘There is much to be said … Continue reading Sheffield v Pickfords Limited and Pickfords Removals Limited: CA 11 Feb 1997
The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim. Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. … Continue reading First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996
Judges: Lord Justice Buxton Lady Justice Arden Lord Justice Wall Citations: [2004] EWCA Civ 583, [2004] PNLR 43 Links: Bailii Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Professional Negligence Updated: 01 November 2022; Ref: scu.197055
The council purchased software from the defendants to calculate council taxes. Mistakes in the software undercalculated the amounts required to be recovered causing the council substantial losses. The company sought to rely upon a clause in the contract limiting the extent of their liability. Held: The clause was unreasonable in the light of the very … Continue reading St Albans City and District Council v International Computers Ltd: CA 14 Aug 1996
The spread betting bookmaker claimed summary judgment in respect of a consumer, Mr Cochrane, who had made certain initial personal trades with significant profitability. In his absence, without his knowledge and authorisation, his account was tinkered with by a child who, by playing on the computer, effected through it a number of ‘trades’ which caused … Continue reading Spreadex Ltd v Cochrane: ComC 18 May 2012
The claimants had been persuaded to take up leases on a service area constructed by the defendants. They said that the publicity materials had wildly exaggerated the actual number of visitors, and sought damages for fraudulent misrepresentation. Held: The claim in fraudulent misrepresentation failed. Lewison J discussed why the entire agreement clause satisfied the test … Continue reading Foodco UK Llp (T/A Muffin Break) and Others v Henry Boot Developments Ltd: ChD 3 Mar 2010
Judges: Rix, Wilson, Stanley Burnton LLJ Citations: [2011] EWCA Civ 133 Links: Bailii Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Contract Updated: 02 September 2022; Ref: scu.429646
The court was asked as to whether representations has been made. Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, and to dicta of Christopher Clarke J in Raffeissen said: ‘I would therefore … Continue reading Springwell Navigation Corporation v JP Morgan Chase Bank and Others: CA 1 Nov 2010
The court was asked whether certain provisions fell within section 3 of the Misrepresentation Act. Held: Christopher Clarke J referred to dicta of Gloster J and said: ‘In Springwell Gloster J took the view that terms which simply defined the basis upon which the parties were transacting business did not fall within section 2 of … Continue reading Raiffeisen Zentralbank Osterreich Ag v The Royal Bank of Scotland Plc: ComC 11 Jun 2010
The claimant had sought to conduct a competition to sell his house, the entry fees being collected by the defendant internet payment services provider. The defendant terminated the service to him, and he complained that that caused him substantial damages, and that the terms were unfair. Held: ‘Mr Overy is not entitled to the protection … Continue reading Overy v Paypal (Europe) Ltd: QBD 2 Mar 2012
Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.Jonathan Hirst QC said (after discussing the Christie’s case): ‘Plainly this authority provides substantial ammunition for BandB Monaco to contend that they owed no duty of care to [the claimant] but, if English law applied, I would hold … Continue reading Morin v Bonhams and Brooks Ltd and Another: ComC 18 Mar 2003
Trident entered into Aircraft Operating Lease Agreements in identical terms with First Flight in respect of two ATP model aircraft. The leases represented the culmination of negotiations between a representative of the manufacturer, BAE Systems Regional Aircraft Limited (‘BAE’), and representatives of First Flight and were signed by a representative of BAE on behalf of … Continue reading Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd: Comc 17 Jul 2008
The company alleged negligence by its financial advisers. Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice. Gloster J said: ‘terms which simply define the basis upon which services will be rendered and confirm the … Continue reading JP Morgan Chase Bank and others v Springwell Navigation Corporation: Comc 27 May 2008
The bank had sought summary dismissal of a claim for non-payment of bonuses to the claimant a former employee, and now appealed refusal of its request for summary dismissal, saying that the claim had no prospect of success. The claimant said that though the payments were discretionary, it was an implied term that the bank … Continue reading Commerzbank Ag v Keen: CA 17 Nov 2006
The claimants manufactured and sold storage tanks. They sought substantial damages after chemical materials purchased from the defendants to help bond the tanks failed. Judges: Christopher Clarke J Citations: [2006] EWHC 1900 (Comm), [2006] 2 CLC 220, [2006] 2 Lloyd’s Rep 629 Links: Bailii Statutes: Unfair Contract Terms Act 1977, Sale of Goods Act 1979 … Continue reading Balmoral Group Ltd v Borealis [UK] Ltd and others: ComC 25 Jul 2006
Application for leave to appeal. Judges: Kennedy, Dyson LLJ Citations: [2001] EWCA Civ 286 Links: Bailii Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Commercial, Contract Updated: 06 July 2022; Ref: scu.200824
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, although benzene is carcinogenic, was so small that it represented no risk to health. The … Continue reading Britvic Soft Drinks Ltd v Messer UK Ltd: ChD 2002
The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued that its contract excluded liability, and under the Act, that clause was not subjected to a test … Continue reading Amiri Flight Authority v BAE Systems Plc: CA 17 Oct 2003
To decide whether a clause is an exclusion clause it is necessary to look at the effect of the clause and not its form. ‘There is no mystique about `exclusion’ or `restriction’ clauses. To decide whether a person `excludes’ liability by reference to a contract term, you look at the effect of the term. You … Continue reading Phillips Products Ltd v Hyland: CA 1987
The time bar provision, now found in cl. 28(B) of BIFA, satisfied the requirements of reasonableness under UCTA. Judges: Lord Justice Potter Lord Justice Tuckey Mr Justice Hart Citations: [2003] EWCA Civ 570, [2003] 1All ER (Comm) 819, [2003] 2 Lloyd’s Rep 356 Links: Bailii Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales … Continue reading Davis Turner and Co Ltd v Granville Oil and Chemicals Ltd: CA 15 Apr 2003
The appellant challenged a finding that it was responsible for the loss of medical equipment being transported from Tehran to the UK, and of failing to insure it as required, the contractual term exempting it from responsibility being an unreasonable one under the Act, since the obligations imposed on the respectve parties were imbalanced. Held: … Continue reading Overseas Medical Supplies Limited v Orient Transport Services Limited: CA 20 May 1999
The defendant company sought to rely upon an exemption clause. Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the … Continue reading Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000
The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses. Held: It is for the party claiming that a contract term satisfies the requirement of reasonableness to show that it does. To decide whether term was … Continue reading Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001
It having been conceded that contracts of service fell within section 15 of the 1977 Act, the court found that the question whether the contract was a consumer contract depended on the circumstances. Though the employee pursuer was to be regarded as a consumer in relation to his contract of employment with the defenders, the … Continue reading Chapman v Aberdeen Construction Group: 1991
When looking at the reasonableness of a clause limiting rather than excluding of liability, the size of the limit compared with other limits in widely used standard terms may be relevant. Judges: Judge Hallgarten QC Citations: [1997] 2 Lloyds Rep 48 Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Sonicare International Limited v East Anglia Freight Terminal Limited: 1997
The plaintiff’s husband had been killed as the result of the driver’s negligence in operating an excavator which had been hired by the second defendants for work at their quarry. The contract was subject to the CPA (Contractors’ Plant Association conditions of hire) terms which provided that drivers be regarded as the servants or agents … Continue reading Thompson v T Lohan (Plant Hire) Ltd: CA 1987
The ‘guidelines’ in Schedule 2 are usually regarded as of general application to the question of reasonableness under the 1977 Act. The effect of s13 which deals with exemption clauses, is to apply s3 inter alia to ‘no set off’ clauses. The reasonableness requirement must be satisfied in relation to the clause as a whole … Continue reading Stewart Gill Ltd v Horatio Myer and Co Ltd: CA 1992
The court upheld under the 1977 Act a clause which limited a port authority’s liability to andpound;800 per ton of consignment. Other factors were relevant but ‘The way in which the port authority’s general conditions came into being seems to me to be relevant. The conditions were approved, apparently without objection, by the port authority’s … Continue reading Singer Co (UK) Ltd v Tees and Hartlepool Port Authority: 1988
The court considered the meaning of ‘standard form contract’ as it applied in Scotland under the 1977 Act: ‘The Act does not define ‘standard form contract’, but its meaning is not difficult to comprehend. In some cases there may be difficulty deciding whether the phrase properly applies to particular contract. I have no difficulty deciding … Continue reading McCrone v Boots Farm Sales Limited: 1981
The court considered an exclusion clause in the standard terms of a specialist fire suppression contractor. The issues are whether the clause was incorporated into the contract between the parties and, if so, whether the clause was reasonable within the meaning of the 1977 Act. Citations: [2018] EWCA Civ 1371 Links: Bailii Statutes: Unfair Contract … Continue reading Goodlife Foods Ltd v Hall Fire Protection Ltd: CA 18 Jun 2018
The defendant sought leave to appeal against an order for payment of sums due under a leasing agreement. He said that the contract was governed by the 1974 and 1977 Acts. Citations: [1997] EWCA Civ 2366 Statutes: Consumer Credit Act 1974 61 62 63, Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Consumer Updated: … Continue reading Anglo Leasing Plc v Michael K Pascoe and Michael a P Harris (Formerly Trading As Harris Pascoe): CA 25 Sep 1997
The claimant had subcontracted to supply cabling on the defendant’s project. The contract provided both for the exclusive jurisdiction of the English courts but also for arbitration. The defendant applied for the action to be stayed and referred to arbitration. The claimant said the clause was ineffective being uncertain within s9 of the 1996 Act, … Continue reading McNicholas Plc v AEI Cables Limited: TCC 25 May 1999
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the Sale of Goods Act 1979. Held: Where a tribunal applies a … Continue reading George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd: HL 1983
A clause in a shipping freight contract using the standard British International Freight Association terms disallowing a set-off was not unreasonable. The clause read ‘The customer shall pay to the company in cash or as otherwise agreed all sums immediately when due, without reduction or deferment on account of any claim, counterclaim or set off’. … Continue reading Schenkers Limited v Overland Shoes Limited and Schenkers International Deutschland Gmbh v Overland Shoes Limited: CA 12 Feb 1998
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their contract limited their liability to the cost of the seed. Held: … Continue reading George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd: CA 29 Sep 1982
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for misrepresentation. The policies were novel and sophisticated contracts and included clauses modifying the duties of … Continue reading HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
The court was asked as to the interpretation of the phrase ‘deals . . On the other’s written standard terms of business’. Judges: Longmore, Henderson LJJ Citations: [2017] EWCA Civ 845 Links: Bailii Statutes: Unfair Contract Terms Act 1977 3 Jurisdiction: England and Wales Contract, Consumer Updated: 27 March 2022; Ref: scu.588315
A liability limitation in a computer contract was an unfair contract term since it was a standard term, and it restricted liability when there had been no attempt to justify the amount chosen for the limit by reference, for example, to a consideration of the cost of insurance. Citations: Times 11-Nov-1994, (1995) 21 FSR 686 … Continue reading St Albans City and District Council v International Computers Ltd: QBD 11 Nov 1994
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and received a copy of the report, and relying on it, had bought the house. … Continue reading Smith v Eric S Bush, a firm etc: HL 20 Apr 1989
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001
Lord Donaldson MR, Balcombe, Stuart-Smith LJJ [1992] EWCA Civ 6, [1992] 2 QB 600 Bailii Unfair Contract Terms Act 1977 England and Wales Consumer, Contract Updated: 22 January 2022; Ref: scu.262619
The parties had settled an earlier employment dispute on the basis that the employer would not make an statement adverse to the claimant. He said that their reporting him to the Independent Safeguarding Authority was a breach of that agreement leaving him not bound by the compromise. Bean LJ [2015] EWCA Civ 1596 Bailii Unfair … Continue reading Zinda v Ark School: CA 28 Jul 2015
The claimants sought repayment by the bank of sums paid to them for Payment Protection Insurance policies sold to them in connection with loans made by the bank. The Bank now resisted an application for leave to amend the particulars of the counterclaim to allege that the taking out of the insurance had been made … Continue reading Barnes and Another v Black Horse Ltd: QBD 31 May 2011
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard. Held: The use of the British Standard of itself was not sufficient to imply any warranty of satisfactory quality or fitness for purpose upon which a purchaser … Continue reading Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others: CA 30 Apr 2002
Appeal against dismissal of claim with costs. The claimant was personal representative of her husband’s estate. He had been employed by the defendants to provide support and security escort to US personnel based in Iraq under a contract for services. He had died carrying out those services. The court was asked to construe the defendant’s … Continue reading Hodges v Aegis Defence Services (BVI) Ltd: CA 12 Nov 2014
The claimant bought fine art sculptures by Anish Kapoor at auction. They were stored by the defendant who when called upon to deliver them, said they had possibly been thrown away as rubbish. The defendant sought to limit its liability to the sum set by its contract. The defendant said that the claimant had been … Continue reading Scheps v Fine Art Logistic Ltd: QBD 16 Mar 2007
Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
The terms ”on the other’s written standard terms of business’ in the Act was not defined in the Act after a deliberate decision by the Law Commission. [1999] EWHC Technology 227, (1999) 66 Con LR, [1999] BLR Bailii Unfair Contract Terms Act 1977 3(1) England and Wales Cited by: Cited – Pegler Ltd v Wang … Continue reading British Fermentation Products Limited v Compair Reavell Limited: TCC 8 Jun 1999
The claimant said that the software supplied to it was not fit for purpose. The defendant said that the company had relied on its own inspections of what was a standard package, and had not made known its desire to use it in a specific context. The claimant had originally pleaded reliance on the defendant’s … Continue reading Kingsway Hall Hotel Ltd v Red Sky IT (Hounslow) Ltd: TCC 6 May 2010
The appellant entered into two aircraft leasing agreements but were unable to maintain payments. They appealed against rejection of their argument that the agreements were not exempt from the controls under the 1977 Act by being international supply agreements. Held: The appeal failed. The intention of section 26 was to exclude such agreements entirely from … Continue reading Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd: CA 2 Apr 2009
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation. Held: Based on the connoisseurship evidence, the painting was likely not to be by Kustodiev. The claimant was entitled under the contract to cancel the contract and recover … Continue reading Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd: ChD 27 Jul 2012
Interpretation of Exclusion Clauses The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an unresolved issue whether the employee intended to … Continue reading Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980
The court was asked to consider whether there was any implied term limiting the power of a mortgagee to set interest rates under a variable rate mortgage. Held: A loan arrangement which allowed a lender to vary the implied rate of interest, included an implied term not to impose an unreasonable or extortionate rate, nor … Continue reading Paragon Finance plc v Nash etc: CA 15 Oct 2001
The parties had contracted for the sale of land. The purchaser secured the rescinding of the contract for innocent misrepresentation. A notice of a relevant planning application had not been passed on by the seller’s solicitors. The seller appealed saying that the judge had been wrong to find that condition 7.1.3 of the Standard Conditions … Continue reading Cleaver and Others v Schyde Investments Ltd: CA 29 Jul 2011
The plaintiffs appealed against refusal of an interlocutory injunction restraining the Defendants, ‘Mercury’ from withdrawing from Zockoll the use of a particular telephone number, 0500 354448. Immediately upon that Order being made, Mercury . .
There was an issue whether or not the purchase by the plaintiff of a second-hand car was made ‘in the course of a business’ so as to preclude the plaintiff from relying upon the provisions of the 1977 Act.
Held: Speaking of Lord Keith’s . .
The purchaser bought a property spanning a small river. The lender’s valuer disclaimed any liabillity to the buyer, and a structural report was offered for an additional charge. The property was not sound.
Held: The valuation was negligent, . .
References: [2008] EWHC 1686 (Comm), [2009] 1 All ER (Comm) 16 Links: Bailii Coram: Aikens J Trident entered into Aircraft Operating Lease Agreements in identical terms with First Flight in respect of two ATP model aircraft. The leases represented the culmination of negotiations between a representative of the manufacturer, BAE Systems Regional Aircraft Limited (‘BAE’), … Continue reading Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd; Comc 17 Jul 2008
References: [2008] EWHC 1186 (Comm) Links: Bailii Coram: Gloster J Gloster J said: ‘terms which simply define the basis upon which services will be rendered and confirm the basis upon which parties are transacting business are not subject to section 2 of UCTA. Otherwise, every contract which contains contractual terms defining the extent of each … Continue reading JP Morgan Chase Bank and others v Springwell Navigation Corporation; Comc 27 May 2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene. Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or … Continue reading Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The question for the court was whether the sale of … Continue reading Stevenson and Another v Rogers: CA 8 Dec 1998
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The claimant had been unfairly dismissed but in addition to this employment she had also lost her earnings from a private practice as an aerobics teacher at the same facility where she was employed. She had been awarded damages for the employment loss, but not the rest. Held: The court did not state as a … Continue reading Jones v Lingfield Leisure Plc: CA 18 Jun 1998
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements. Judges: Evans-Lombe J Citations: [1999] EWHC Ch 206, [2000] 1 WLR 98 Links: Bailii Statutes: Unfair Terms in Consumer Contract Regulations 1994, Consumer … Continue reading Director General of Fair Trading v First National Bank Plc: ChD 30 Jul 1999
The court was asked whether the claimant had been dismissed or had resigned. He had attended a meeting to be told that his contract was to be finished. The company later complained that he had resigned when they were unable to reach a compromise on the terms. Held: The appeal succeeded. The case was to … Continue reading Sandhu v Jan De Rijk Transport Ltd: CA 10 May 2007
The company appealed against a finding that they were in breach of their contract of employment in not including the claimant in those considered for an enhanced redundancy package. Held: The appeal failed. Tribunals should be cautious before appearing to extend the terms of the implied duty of trust and confidence between employer and employee.Pill … Continue reading Transco Plc v O’Brien: CA 7 Mar 2002
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004
All information available to an employer at the date of the termination of the employment relationship is relevant when considering the fairness of dismissal, and also any information becoming available during the course of, for example, an internal appeal, even post-termination, is relevant. An employer may be considered to have acted unfairly if he refuses … Continue reading West Midlands Co-operative Society v Tipton: HL 1986
Judges: Lord Justice Buxton Lord Justice Kennedy Lord Justice May Citations: [2004] EWCA Civ 582 Links: Bailii Jurisdiction: England and Wales Citing: Approved – Financial Services Authority v Rourke ChD 19-Oct-2001 The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being … Continue reading Padden v Arbuthnot Pensions and Investments Ltd: CA 14 May 2004
The parties had settled by compromise a dispute about the implementation of a will before the Beth Din. It was now said that the compromise agreement had been entered into under duress and was unenforceable. The defendant said that rescission could not be granted since restitution was no longer possible. Held: Rescision remained available as … Continue reading Halpern and others v Halpern and Another (No 2): CA 3 Apr 2007
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by the Respondent he submitted an ET1 alleging he had been laid off. By a judgment of Employment Judge Salter (‘the … Continue reading Foster v Bon Groundwork Ltd: EAT 17 Mar 2011
The claimant owned a flying freehold room butting into the defendant’s property. Whilst the claimant’s property was unoccupied, the defendant broke through into the room, blocked off the door to the claimant’s property, and included the room in the flat it then let. The case was transferred to the High court to consider issues of … Continue reading Ramzan v Brookwide Ltd: ChD 8 Oct 2010
A claim was made for declaratory relief. Held: The Claimant, a re-insurer, did not have locus to claim a declaration that the main insurer could avoid the main contract of insurance, to which the Claimant was not a party. The court considered ‘the general policy of the law to resolve disputes between all parties in … Continue reading Meadows Indemnity Co Ltd v The Insurance Corporation of Ireland plc and Another: CA 1989
