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United Bank of Kuwait Plc v Sahib and Others: ChD 24 Jun 1994

The customer had deposited title deeds with the bank as security for a loan, but no deed of charge had been executed. Held: The mere deposit of title deeds does not create an equitable charge without more. The 1989 Act operated as a statutory bar to such a claim. The rule that the deposit of … Continue reading United Bank of Kuwait Plc v Sahib and Others: ChD 24 Jun 1994

Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

The parties disputed whether a contract had been made. The proposed contract was contained in a letter and a plan but only the plan was signed by both parties. Held: The requirements of Section 2 had not been satisfied because it was the letter which contained the contract which referred to the plan and incorporated … Continue reading Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

Schneider v Norris: 1814

The name of a seller was printed on a bill of parcels but he in turn wrote on the contract the name of the purchaser.
Held: The seller had adopted the writing of his own name and a signature within the Statute of Frauds. The essential . .

Carlton Communications Plc, Granada Media Plc v The Football League: ComC 1 Aug 2002

The applicants sought a declaration that they had not provided guarantees to support a contract between a joint venture company owned by them, OnDigital, and the respondent to screen football matches. The company had become insolvent. Held: The applicants had indicated in the initial bid document that they would guarantee the bid, but that guarantee … Continue reading Carlton Communications Plc, Granada Media Plc v The Football League: ComC 1 Aug 2002

United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996

The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996

John Griffiths Cycle Corporation, Limited v Humber and Co, Limited: 1899

Smith v Webster was not to be taken as meaning that the agent must have had authority to sign the document as a record of the contract. All that Smith v Webster decided was that, in order to satisfy the Statute, it must be shown that the agent signing was an agent ‘thereunto lawfully authorised’ … Continue reading John Griffiths Cycle Corporation, Limited v Humber and Co, Limited: 1899

Reuss v Picksley: 1866

A written proposal was purportedly accepted orally. The requirements of the 1677 Statute were satisfied where a signed written offer containing the requisite terms was accepted orally by the other party.Willes J said: ‘The only question is, whether it is sufficient to satisfy the statute that the party charged should sign what he proposes as … Continue reading Reuss v Picksley: 1866

Harburg India Rubber Comb Co v Martin: CA 1902

The defendant had been a member of a syndicate which owed money to the plaintiff. The plaintiff obtained judgment against the syndicate and tried (unsuccessfully) to execute a writ of fi fa. The defendant then gave an oral promise that, if the plaintiff would desist in execution, he would issue bills of exchange to satisfy … Continue reading Harburg India Rubber Comb Co v Martin: CA 1902

Evans v Hoare: 1892

A defendant sought to deny liability under a document relying on the 1677 Statute. the relevant document had been drawn up by a duly authorised agent of the Defendants. The document was a letter from the Plaintiff and the words ‘Messrs Hoare, Marr . .

Motemtronic Limited v Autocar Equipment Limited: CA 20 Jun 1996

The parties said: ‘Mrs Ford: Where would money come from if M [the principal debtor] had to repay andpound;1 million? Colin Searle [the second defendant, M’s chairman]: From wherever in the group the money was at the relevant time. I’ll make sure it is there. I am good for andpound;1 million.’ The judge had held … Continue reading Motemtronic Limited v Autocar Equipment Limited: CA 20 Jun 1996

Maddison v Alderson: HL 1883

The requirement of the doctrine of part performance is that the acts of part performance relied upon must be ‘referable’ to the contract sued on. The principle underlying the doctrine of part performance was expressed by Lord Selborne: ‘In a suit founded on such part performance, the defendant is really ‘charged’ upon the equities resulting … Continue reading Maddison v Alderson: HL 1883

Mehta v J Pereira Fernandes SA: ChD 7 Apr 2006

The parties were in dispute. The now respondent threatened winding up. The appellant had someone in his company send an email requesting an adjournment and apparently giving a personal guarantee to a certain amount. The application was adjourned, but the applicant then did not honour the guarantee, saying that it was not enforceable, the email … Continue reading Mehta v J Pereira Fernandes SA: ChD 7 Apr 2006

Rochefoucald v Boustead: CA 12 Dec 1896

A property was purchased by the defendant which the court found to have been on the basis as trustee for the plaintiff. The defendant resisted the plaintiff’s claim on the ground of, inter alia, absence of writing. Held: This defence was rejected. Though imperfectly recorded, a constructive trust was created. The 1677 Statute cannot be … Continue reading Rochefoucald v Boustead: CA 12 Dec 1896

Pitts and others v Jones: CA 6 Dec 2007

The defendant shareholder provisionally agreed for the sale of his shares without regard to a right of pre-emption in favour of the claimants. He then made an oral promise to indemnify the claimants against any losses should the purchaser fail to satisfy any liability arising. He now argued that there was no consideration and therefore … Continue reading Pitts and others v Jones: CA 6 Dec 2007

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

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