Search Results for: Contracts (Rights of Third Parties) Act 1999

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Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003

One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers. Held: Because he has in effect become a statutory assignee of the promisee’s right of action against the promisor and because, by reason of the underlying policy of section 1(4), … Continue reading Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003

Themis Avraamides and Another v Colwill and Another: CA 14 Nov 2006

The claimants sought damages from the defendants who had purchased the contractor’s business for failures in the refurbishment of their flat. Their only direct contract was with the main contractors, but the defendants had adopted the liabilities of the original contractors. Held: The claimants were unable to rely on the 1999 Act. To be able … Continue reading Themis Avraamides and Another v Colwill and Another: CA 14 Nov 2006

GLN (Copenhagen) Southern Ltd v Tunbridge Wells Borough Council: CA 27 Aug 2004

Neighbouring plots included covenants to use and not to use the land as cinemas. A proposed development would have used the land which had to be so used as an access for the new cinema proposed. The claimant sought to rely upon the Act to enforce a restrictive covenant. Held: There was nothing in the … Continue reading GLN (Copenhagen) Southern Ltd v Tunbridge Wells Borough Council: CA 27 Aug 2004

Moody and Another v Condor Insurance Ltd and Another: ChD 3 Feb 2006

The claimants sought to enforce a deed of guarantee. The defendants argued that the claimant had no entitlement to enforce the deed, not being parties to it, and that they would be able to set aside the deed as against the company whose debts they guaranteed. Held: ‘although not all deeds can confer rights on … Continue reading Moody and Another v Condor Insurance Ltd and Another: ChD 3 Feb 2006

Laemthong International Lines Company Ltd v Abdullah Mohammed Fahem and Co: CA 5 May 2005

Citations: [2005] EWCA Civ 519 Links: Bailii Statutes: Contracts (Rights of Third Parties) Act 1999 Jurisdiction: England and Wales Cited by: Cited – The Prudential Assurance Company Ltd v Ayres and Grew ChD 3-Apr-2007 The defendants argued that they were not liable as guarantors under an Authorised Guarantee Agreement for a lease when the assignee … Continue reading Laemthong International Lines Company Ltd v Abdullah Mohammed Fahem and Co: CA 5 May 2005

Cavanagh and Others v Secretary of State for Work and Pensions: QBD 13 May 2016

Part 8 claim brought against the Defendant by two of its employees, Mr Cavanagh and Ms Williams, and by their trade union, the Public and Commercial Services Union. The main issues were whether, the Claimants having opted to have their subscriptions to the PCS deducted from their salary and paid by the Defendant to the … Continue reading Cavanagh and Others v Secretary of State for Work and Pensions: QBD 13 May 2016

Cox and Others v Secretary of State for The Home Department: QBD 23 Mar 2022

The principal issues in this case are: (a) whether the Individual Claimants have a contractual entitlement to check-off (direct payment of union membership subscriptions); and (b) if so, whether PCS has an entitlement to bring a third-party claim against the Defendant pursuant to the Contracts (Rights of Third Parties) Act 1999 (‘the 1999 Act’) in … Continue reading Cox and Others v Secretary of State for The Home Department: QBD 23 Mar 2022

Hurley Palmer Flatt Ltd v Barclays Bank Plc: TCC 23 Sep 2014

The court was asked as to the extent to which the rights of a third party enforceable under the Contracts (Rights of Third Parties) Act 1999 can be determined by adjudication under an express term contained within the agreement between the original contracting parties. The issue requires consideration of the relevant agreement, the 1999 Act … Continue reading Hurley Palmer Flatt Ltd v Barclays Bank Plc: TCC 23 Sep 2014