Judges: Lord Justice Males Citations: [2021] EWCA Civ 338 Links: Bailii Statutes: Supply of Goods and Services Act 1982 13 Jurisdiction: England and Wales Banking, Contract Updated: 27 September 2022; Ref: scu.659487
The Greek hotel at which the plaintiff stayed had glass patio doors fitted with ordinary glass, not safety glass, of 5mm thickness, which complied with Greek but not with British safety standards, which would have required the use of safety glass. The plaintiff sought damages after falling through the glass. Held: The claim failed.Phillips J … Continue reading Wilson v Best Travel Ltd: 1993
Tour Co Responsible For injury – Standards Applied The claimant suffered an injury tripping at a hotel on a package holiday. The company now appealed. Held: The appeal was refused. A term will generally be implied into a contract for services by operation of law (the 1982 Act s 13) to the effect that those … Continue reading TUI UK Ltd v Morgan: ChD 9 Nov 2020
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply mechanisms which will make agreements work in circumstances where the parties’ own attempts … Continue reading Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross: CA 22 Mar 2001
Judges: Thirlwall J Citations: [2013] EWHC 3643 (QB) Links: Bailii Statutes: Supply of Goods and Services Act 1982 4(2) Jurisdiction: England and Wales Personal Injury, Consumer, Contract, Litigation Practice Updated: 02 May 2022; Ref: scu.518370
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
The court was asked whether the appellant, Airtours Holidays Transport Ltd (formerly MyTravel Group plc), was entitled to recover, by way of input tax VAT charged by PricewaterhouseCoopers LLP in respect of services provided by PwC and paid for by Airtours. Held: The appeal was dismissed (Clarke and Carnwath LL dissenting) For the VAT to … Continue reading Airtours Holidays Transport Ltd v Revenue and Customs: SC 11 May 2016
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
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 House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
ECJ Where (a) a manufacturer issues a money-off coupon, which is redeemable at the amount stated on the coupon by or at the expense of the manufacturer in favour of the retailer, (b) the coupon, which is distributed to a potential customer in the course of a sales promotion campaign, may be accepted by the … Continue reading Elida Gibbs Ltd v Commissioners Of Customs And Excise: ECJ 24 Oct 1996
The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated contracts undertaken by the business. The claimant asserted that their actions amounted to a wrongful interference in their contracts and otherwise. The receivers having done the acts normally associated with a receivership. Held: The tort of unlawful interference … Continue reading OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen: CA 9 Feb 2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
The parties disputed whether a contract (licence to occupy an office) had been varied by an oral agreement, where the terms prohibited such.
Held: The ‘no oral variation’ clause applied. Such clauses were in common commercial use and served a . .
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