Category: Contract

Senex Holdings Ltd v National Westminster Bank Plc: ComC 6 Feb 2012

Application by the defendant under CPR 24.2 (a) (i) for summary judgement against the claimant, Senex Holdings Limited, which sues for a declaration that the Bank is indebted to SHL in the sum of andpound;1 million.

Judges:

Field J

Citations:

[2012] EWHC 131 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Banking

Updated: 04 October 2022; Ref: scu.451219

Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008

The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007.
Held: The defendant had agreed to a binding arbitration. The claimant was enttled to the injunctive relief it sought.

Judges:

Teare J

Citations:

[2008] EWHC 2855 (Comm), 2009] 1 Lloyd’s Rep 167, [2008] 2 CLC 741

Links:

Bailii

Statutes:

Arbitration Act 1996 9 44

Jurisdiction:

England and Wales

Citing:

Cited – Compagnie Eurpeene de Cereals SA v Tradax Export SA 1986
. .
Cited – Aggeliki Charis Compania Maritima SA v Pagnan SpA – The Angelic Grace CA 1995
On the charterers’ orders the Angelic Grace was required to tie up alongside another vessel which they owned. Whilst unloading the weather turned and the vessels collided. Each blamed the other and the owners claimed a salvage. The court considered . .
Cited – Compagnie Eurpeene de Cereals SA v Tradax Export SA 1986
. .
Cited – Alfred C Toepfer International Gmbh v Societe Cargill France CA 25-Nov-1997
A clause in a contract requiring the parties to have recourse to arbitration before initiating legal action, (Scott v Avery) cannot be used to prevent injunction proceedings to enforce the clause itself. . .
Cited – C v D CA 5-Dec-2007
The court considered an appeal under the Bermuda Form of international Liability Insurance which provided for arbitration in London subject to the internal laws of New York. The insurers threatened to challenge under US federal arbitration law in a . .
Cited – Starlight Shipping Co and Another v Tai Ping Insurance Co Ltd., Hubei Branch and Another ComC 1-Aug-2007
In an application for an interim anti-suit injunction, Cooke J said: ‘Damages would, for all the reasons given in the authorities, be an inadequate remedy for breach of such a clause since its very nature requires the parties to have their disputes . .
Cited – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL 21-Feb-2007
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . .
Cited – National Westminster Bank v Utrecht-America Finance Company CA 10-May-2001
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 . .
Cited – Weissfisch v Julius, Weisfisch, Davis CA 8-Mar-2006
An arbitration was to be governed by Swiss law with its seat in Geneva. One the party sought here an injunction restraining the arbitrator from acting as arbitrator on the grounds that the agreement had been induced by misrepresentation and was void . .
Cited – American International Speciality Lines Insurance Co v Abbott Laboratories 2003
. .
Cited – Turner v Grovit ECJ 27-Apr-2004
The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Contract, Arbitration

Updated: 04 October 2022; Ref: scu.278294

Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ‘Bao Yue’: ComC 31 Jul 2015

Claim for the conversion of a cargo of iron ore carried from Bandar Abbas in Iran to Tianjin in China on board the defendant’s vessel ‘Bao Yue’ in February and March 2012 and a counterclaim for storage charges incurred on the cargo.

Judges:

Males J

Citations:

[2015] EWHC 2288 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Contract, Torts – Other

Updated: 04 October 2022; Ref: scu.552794

The Ritz Hotel Casino Ltd v Al Geabury: QBD 31 Jul 2015

The casino sought payment of a substantial sum lost at its roulette table by the defendant paid for by cheque later dishnoured. The defendant aid that he suffered a severe gambling compulsion for which he was receiving psychiatric treatment.

Judges:

Simler DBE J

Citations:

[2015] EWHC 2294 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Contract

Updated: 04 October 2022; Ref: scu.550966

Ogdens Ltd v Nelson Ogdens Ltd v Telford: HL 24 Mar 1905

A, a company of wholesale tobacco manufacturers, issued a circular to retail dealers offering them a share in a bonus on condition of their signing an agreement, inter alia, not to deal with B Limited. B Limited, in response, issued a circular offering to customers buying direct from them a share in a bonus distribution of ‘our entire net profits and two hundred thousand pounds per year for the next four years.’ The offer was accepted by C and D in a letter recapitulating the terms of the offer and stating that in consideration of it they agreed not to sign any agreement with A or any agreement with any company which might prevent them dealing with B Limited. Before the four years expired B Limited sold their business to A.
Held that B Limited, having put an end to an agreement which was to continue for four years, were liable in damages to C and D for breach of contract to the extent of the bonus which the latter would have received had B Limited continued their business.

Judges:

Lord Chancellor (Halsbury), Lords Macnaghten, James of Hereford, and Lindley

Citations:

[1905] UKHL 857, 42 SLR 857

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Ogdens Ltd v Nelson KBD 30-Jun-1903
Lord Alverstone CJ said: ‘It is, I think, clearly established as a general proposition that where two persons have entered into a contract, the performance of which on one or both sides is to extend over a period of time, each contracting party is . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 October 2022; Ref: scu.621173

Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers Finance Sa: ChD 15 Jul 2011

The Court considered: ‘the meaning and effect of early close-out provisions in two cash settled put options granted by Lehman Brothers Finance S.A. with a guarantee from its ultimate parent company Lehman Brothers Holdings Inc., both of which incorporated, with similar (but not quite identical) additions and amendments, the 1992 ISDA Master Agreement.’

Judges:

Briggs J

Citations:

[2011] EWHC 1822 (Ch), [2011] 2 Lloyd’s Rep 538

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 04 October 2022; Ref: scu.441878

Wickens v Cheval Property Developments Ltd: ChD 8 Sep 2010

The buyer of land sought a reduction in the purchase price complaining of the removal of several items (worth possibly andpound;300,000) by intruders after exchange. The seller said that the fixtures had been excluded under the contract.
Held: There had been no fraud. The sellers did not know of the removal of the items.

Judges:

Purle QC J

Citations:

[2010] EWHC 2249 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Brownlie v Campbell; Brownlie v Miller HL 1880
Silence where there is a duty to speak, may amount to a misrepresentation. Lord Blackburn said: ‘where there is a duty or an obligation to speak, and a man in breach of that duty or obligation holds his tongue and does not speak, and does not say . .
Cited – With v O’Flanagan CA 1936
When negotiating to enter into a contract, a person may have a duty to disclose material facts which come to his notice before the conclusion of a contract if they falsify a representation previously made by him. A representation as to the profits . .
Cited – Taylor v Hamer CA 2002
The parties were buyers and sellers of land. The seller’s husband removed a large area of flagstones after the buyer’s first inspection but before exchange. He seeded over the land so that, on a second inspection by the buyer’s solicitor, the . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Peekay Intermark Ltd and Another v Australia and New Zealand Banking Group Ltd ComC 25-May-2005
The claimant alleged mis-selling of an emerging markets investment product. The defendant claimed that whilst there might have been a misrepresentation, by the time the contract was formed, correct information had been provided and incorporated in . .
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 04 October 2022; Ref: scu.423152

North Shore Ventures Ltd v Anstead Holdings Inc and Others: ChD 21 Jun 2010

Claim was made under a substantial loan where payments had not been made after assets were sequestered and only released after four years.

Judges:

Newey J

Citations:

[2010] EWHC 1485 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Maritime National Fish Ltd v Ocean Trawlers Ltd PC 12-Apr-1935
(Nova Scotia En Banco) The parties contracted for a charter of a fishing ship. It then became unlawful for a ship to use otter trawl, the only equipment available to the ship, without a licence, but the number of licences was restricted and did not . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 October 2022; Ref: scu.418455

Kepple-Palmer v Exus Travel: QBD 2003

Gage J considered a holiday disappointment claim saying: ‘In my opinion the claimant is entitled to a sum representing diminution in value of the holiday. In assessing this sum I take into account that this was on any view a very expensive holiday. As such, the claimant and her party were entitled to expect very high standards. As I have found, what she was provided with fell well below these high standards. Doing the best I can, and taking into account what was provided, the location and the time of year, I assess damages under this head in the sum of andpound;22,000 as will be obvious, I calculate this on the basis of a deduction of some 25% from the contract price.
In my opinion she is entitled to a sum representing loss of enjoyment. In this respect, I take into account that this was designed to be a very luxurious holiday, coming after her, and her family’s, difficult year. This is, however, not the case of a family unused to holidays. To be able to afford the cost of such a holiday indicates a degree of financial resources from which I infer that that the claimant and her family are used to some of the more expensive things in life, including regular holidays. For that reason, in my judgment, the sum for the loss of the enjoyment must be modest; I assess it in the sum of andpound;3,000.’

Judges:

Gage J

Citations:

[2003] EWHC 3529 (QB)

Jurisdiction:

England and Wales

Cited by:

Cited – Milner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 04 October 2022; Ref: scu.408562

The Trademark Licensing Company Ltd and Another v Leofelis Sa: ChD 11 Dec 2009

Application for stay of action pending conclusion of case in Milan. The claimant said that the cases were not related.

Judges:

Sir William Blackburne

Citations:

[2009] EWHC 3285 (Ch), [2010] ILPr 16, (2010) 33(2) IPD 33009

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Litigation Practice

Updated: 04 October 2022; Ref: scu.384068

Gebr. van Weelde Scheepvaartkantor B.V. v Cia. Naviera Sea Orient S.A.: ChD 1985

Evans J considered the significance of silence in acceptance of a contractual offer: ‘The significance of silence, as a matter of law, may also be different when there is an express undertaking or an implied obligation to speak, in the special circumstances of the particular case’.

Judges:

Evans J

Citations:

[1985] Lloyds LR 496

Jurisdiction:

England and Wales

Cited by:

Cited – In Re Selectmove Ltd CA 21-Dec-1993
Promisse to Pay Tax due is not Consideration
The company appealed against an order for its winding up, saying that the debt was disputed, an accomodation having been reached with the Revenue.
Held: The court declined to regard a promise to the Revenue by a company to pay its existing . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 October 2022; Ref: scu.396764

Abrahams v Herbert Reiach Limited: CA 1922

Scrutton LJ said: ‘A defendant is not liable in damages for not doing what he is not bound to do.’
Atkin LJ said: ‘The proper method of assessment is . . to make a reasonable computation of the amount the respondents would have received had the contract been fulfilled.’ and . .
‘[i]f a merchant makes a contract to deliver goods to a shipowner to be carried by him for reward, and the merchant fails to provide the goods, the Court must first find what is the contract which has been broken; and if it was to carry the goods to one of two alternative ports at different distances from the port of loading at rates of freight differing according to the distance, the only contract on which the shipowner can sue is a contract for carriage to the nearer port. The plaintiff cannot prove a contract for performance of the more onerous obligation. This explains why in cases of this kind the Court regards only the lesser of two alternative obligations.’

Judges:

Scrutton LJ, Banks LJ, Atkin LJ

Citations:

[1922] 1 KB 477

Jurisdiction:

England and Wales

Cited by:

Cited – Mr H TV Ltd v ITV2 Ltd ComC 8-Oct-2015
The claimant had contracted with the defendant for the production of a series of reality TV shows featuring celebrities. After severe personal clashes between the people involved on the claimants side, the contract was terminated. The claim was that . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 04 October 2022; Ref: scu.341214

Ashborder Bv and others v Green Gas Power Ltd and others: ChD 29 Jun 2004

Judges:

Etherton, The Honourable Mr Justice Etherton

Citations:

[2004] EWHC 1517 (Ch), [2005] 1 BCLC 623

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Driver v Broad 1893
An agreement to create a floating charge counted as an interest in land. Kay LJ said that there was no distinction between a debenture which expressly gives the company liberty to dispose of the charged property ‘in the ordinary course of its . .

Cited by:

Cited – Sandhu (T/A Isher Fashions UK) v Jet Star Retail Ltd and Others CA 19-Apr-2011
The claimant had supplied clothing to the defendant under a contract containing a retention of title clause. The defendant fell into financial difficulties and administration. The claimant now sought damages for conversion of its goods by the . .
Lists of cited by and citing cases may be incomplete.

Company, Contract

Updated: 04 October 2022; Ref: scu.198482

EDI Central Ltd v National Car Parks Ltd: SCS 20 Jan 2012

Judges:

Lord Glennie

Citations:

[2012] ScotCS CSIH – 6, 2011 SLT 75, 2010 GWD 37-754

Links:

Bailii

Citing:

Cited – Sheffield District Railway co v Great Central Railway Co 1911
(Rail and Canal Commissioners) The Sheffield District Railway agreed (in a contract appended to a special Act of Parliament, with the Lancashire, Derbyshire and East Coast Railway for the operation of a short line with two stations by means of which . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract

Updated: 04 October 2022; Ref: scu.450595

Ross River Ltd and Another v Waveley Commercial Ltd and Others: ChD 25 Jan 2012

The parties disputed the content and effect of a joint venture agreement.

Judges:

Morgan J

Citations:

[2012] EWHC 81 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Ross River Ltd and Another v Waveley Commercial Ltd and Others ChD 6-Sep-2012
. .
See Also – Ross River Ltd and Another v Waverly Commercial Ltd and Another ChD 9-Oct-2012
. .
Appeal from – Ross River Ltd and Another v Waveley Commercial Ltd and Others CA 29-Jul-2013
Breach of fiduciary duty in development contract . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 October 2022; Ref: scu.450478

Customer Systems Plc v Ranson and Others: QBD 16 Dec 2011

Judges:

Sir Raymond Jack

Citations:

[2011] EWHC 3304 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At QBD – Customer Systems Plc v Ranson CA 29-Mar-2012
Leave to appeal granted. . .
Appeal from – Ranson v Customer Systems Plc CA 27-Jun-2012
Lewison LJ considered the contractual duty of fidelity within an employment contract:
‘It is not disputed that an employee has an obligation of fidelity towards his employer. If the obligation is not expressed, it will invariably be implied.
Lists of cited by and citing cases may be incomplete.

Employment, Contract, Torts – Other

Updated: 04 October 2022; Ref: scu.450159

Rugby Football Union v Viagogo Ltd: CA 20 Dec 2011

The Union complained that the defendant operators of a web-site had permitted the sale of its tickets at far above their face value. The Court considerer whether it was proper to make a Norwich Pharmacal order which would entail the disclosure of personal data contrary to the Data Protection Directive and the 1998 Act.
Held: It would generally be proportionate to make an order revealing the identity of arguable wrongdoers. Longmore LJ said that there could be no reasonable expectation of privacy in respect of data which reveal such arguable wrongs. The respondent’s own conditions of business pointed out to their customers that their may be circumstances in which their personal data will be passed on to others. The requirement of disclosure of a limited amount of personal data was proportionate because there was no other way in which arguable wrongdoing could be exposed: ‘In this case, as in many other Norwich Pharmacal cases, necessity and proportionality may go hand in hand’.

Judges:

Longmore, Patten, Rafferty LJJ

Citations:

[2011] EWCA Civ 1585

Links:

Bailii

Statutes:

Data Protection 1998 Act 1998

Jurisdiction:

England and Wales

Citing:

Appeal from – The Rugby Football Union v Viagogo Ltd QBD 30-Mar-2011
The claimant objected to the resale through the defendant of tickets to matches held at the Twickenham Stadium. The tickets contained terms disallowing resales at prices over the face value. They sought orders for the disclosure of the names of the . .

Cited by:

Cited – Patel v Unite The Union QBD 27-Jan-2012
The claimant, wanting to bring defamation proceedings in respect of postings on the defendant’s internet forum, sought orders for disclosure of the identities of the posters. The defendants said that the forum having been taken down, they were now . .
Appeal from – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Lists of cited by and citing cases may be incomplete.

Contract, Information, Litigation Practice, Human Rights

Updated: 04 October 2022; Ref: scu.450115

Karsten v Markham: ChD 17 Dec 2009

The claimant sought repayment of very substantial sums paid by her to her partner. She said that the payments had been by way of loan, and that trust documents produced by the defendant were forgeries.

Citations:

[2009] EWHC 3658 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Trusts

Updated: 01 October 2022; Ref: scu.401900

Heffernan and Another v Grangewood Securities Ltd: CA 19 Jun 2001

Redemption action.

Citations:

[2001] EWCA Civ 1082

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 01 October 2022; Ref: scu.218239

Arief International Inc v Celador International Limited: ChD 2 Jun 2004

The defendant refused to extend a contract licensing the claimant to produce in Indonesia, shows under the style of ‘Who wants to be a Millionaire’, saying that the claimant had broken a contract provision restricting alienation.
Held: There had been an alienation of the production of the show, but not such as to allow, on a preliminary view, the contractual obligation by Celador to renew to be evaded.

Judges:

Lindsay The Honourable Mr Justice Lindsay

Citations:

[2004] EWHC 1277 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Media

Updated: 01 October 2022; Ref: scu.197928

Phoenix Finance Limited v Federation Internationale De L’automobile, Formula One Management Limited, Formula One Administration Limited: ChD 22 May 2002

The claimant had purchased the interests of a failed Formula One car racing team, including, it said, the right to enter a team in Formula One races. It claimed to have been unlawfully excluded from racing.
Held: The claimant had failed to comply with the requirements imposed upon participants, and was not entitled to race. Since the claimant sought rights under the contract, it was bound by the agreement to refer disputes to arbitration. As to costs, there was still a need to serve a letter before action, and in the absence of such a letter, even in a case where there was no pre-action protocol, a party could not complain if he was ordered to pay the other party’s costs on an indemnity basis.

Judges:

The Vice Chancellor

Citations:

Times 27-Jun-2002, Gazette 27-Jun-2002, EWHC 1028 (Ch), [2002] EWHC 1028 (Ch)

Links:

Bailii

Statutes:

Arbitration Act 1996 9 44, Civil Procedure Rules

Jurisdiction:

England and Wales

Citing:

Cited – Schiffahrtsgesellschaft Detlef Von Appen Gmbh v Wiener Allianz Versichrungs Ag and Voest Alpine Intertrading Gmbh CA 16-Apr-1997
. .
Lists of cited by and citing cases may be incomplete.

Contract, Arbitration, Costs, Civil Procedure Rules

Updated: 01 October 2022; Ref: scu.171275

H L Estates Limited, Wynford Newman Dore v Parker-Lake Homes Limited: ChD 20 Mar 2003

Judges:

Her Honour Judge Frances Kirkham

Citations:

[2003] EWHC 604 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Williams v Moss Empires Ltd ChD 1915
The court considered what was necessary to achieve a variation of a contract. Shearman J: ‘The principle . . is that where there is alleged to have been a variation of a written contract by a new parol contract, which incorporates some of the terms . .
Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA 18-Jun-1996
The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. . .
Lists of cited by and citing cases may be incomplete.

Contract, Land

Updated: 01 October 2022; Ref: scu.180333

Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature.
Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel.

Judges:

Peter Gibson LJ

Citations:

[1997] EWCA Civ 1015

Statutes:

Law of Property (Miscellaneous Provisions) Act 1989 82

Jurisdiction:

England and Wales

Citing:

Cited – Godden v Merthyr Tydfil Housing Association CA 15-Jan-1997
The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called . .
Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA 18-Jun-1996
The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. . .
Cited – Thomas v Dering 1837
The court put forward: ‘the general principle that the court will not execute a contract, the performance of which is unreasonable or will be prejudicial to persons interested in the property, but not parties to the contract’ . .
Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Cited – 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 . .
Cited – Orakpo v Manson Investments Ltd HL 1977
Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of . .
Cited – Bowers v Bowers 3-Feb-1987
Husband and wife were the joint owners of a house subject to a mortgage. The husband purported to remortgage the house, the wife’s signature being forged.
Held: Although the remortgage only took effect as a charge on the husband’s equitable . .
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Cited – Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others CA 10-Apr-1995
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed.
Held: A mortgagee . .

Cited by:

Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 01 October 2022; Ref: scu.141411

Alessandra Yarns llc v Tongxiang Baoding Textile Co Ltd: 6 Feb 2015

(Superior Court of Quebec) The Court was asked whether the fraud exception to a letter of credit had been met such that the court should issue an interlocutory injunction to prevent the beneficiary claiming under the letter of credit. There were four criteria that had to be met in order to grant the injunction: (1) urgency; (2) a serious question to be tried or a strong prima facie evidence of fraud by the beneficiary of the credit; (3) irreparable harm; and (4) if the prima facie case is doubtful, the balance of convenience favours granting the injunction. The situs of the debt under the letter of credit was a factor that was relevant to the fourth question.
Held: The situs of a letter of credit is the place in which it is payable citing

Citations:

2015 QCCS 346

Links:

Canlii

Jurisdiction:

Canada

Citing:

Applied – HL Boulton Co v Banque Royale du Canada 1994
(Superior Court of Quebec) The defendant asked the court to decline jurisdiction under article 3135 of the Civil Code, which provides that even though a Quebec authority has jurisdiction to hear a dispute, it may exceptionally decline jurisdiction . .

Cited by:

Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.

Contract, Banking

Updated: 01 October 2022; Ref: scu.646119

Cohen v Teseo Properties Ltd and Another: ChD 18 Jul 2014

The claimant sought a declaration that a contract for the sale of property in London to the First Defendant has terminated, leaving the Claimant free to deal with the property as he chose. Teseo counterclaimed for specific performance of the Contract and the sale of the property to itself. If it failed in its claim for specific performance, Teseo claims to be relieved under section 49(2) of the Law of Property Act 1925 against forfeiture of the deposit it has paid.

Judges:

Sales J

Citations:

[2014] EWHC 2442 (Ch)

Links:

Bailii

Statutes:

Law of Property Act 1925 49(2)

Jurisdiction:

England and Wales

Land, Contract

Updated: 29 September 2022; Ref: scu.534641

Samarenko v Dawn Hill House Ltd: CA 1 Dec 2011

The court was asked ‘i) Is a failure to pay a deposit on time under a contract for the sale of land necessarily a repudiatory breach of contract entitling the seller to terminate the contract;
ii) If the answer is no, was time successfully made of the essence of payment in this case with the consequence that, on the facts, the seller was entitled to terminate the contract?’

Judges:

Rix, Etheron, Lewison LJJ

Citations:

[2011] EWCA civ 1445

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Land

Updated: 29 September 2022; Ref: scu.449384

CDV Software Entertainment Agv Gamecock Media Europe Ltd and Others: ChD 20 Nov 2009

Judges:

Gloster DBE J

Citations:

[2009] EWHC 2965 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Principal judgement – CDV Software Entertainment Ag v Gamecock Media Europe Ltd and Others ChD 12-Feb-2010
. .
Cited – Eminence Property Developments Ltd v Heaney CA 21-Oct-2010
The court was asked whether a vendor of land, who served a notice to complete making the time for completion of the essence of the sale contract, and then, mistakenly, treated the contract as at an end prior to the expiry of the notice, was thereby . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract

Updated: 29 September 2022; Ref: scu.381524

Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007

Judges:

Gloster J DBE

Citations:

[2007] EWHC 3010 (Comm), [2008] ILPr 14, [2008] 1 All ER (Comm) 305

Links:

Bailii

Statutes:

Civil Procedure Rules 71.2

Jurisdiction:

England and Wales

Citing:

See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See Also – Masri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
Cited – Masri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .

Cited by:

See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See Also – Masri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See Also – Masri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See Also – Masri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See Also – Masri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See Also – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See Also – Masri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See Also – Masri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 29 September 2022; Ref: scu.272536

Masri v Consolidated Contractors International UK Ltd and Another: ComC 14 Mar 2007

Judgment on quantum.

Judges:

Gloster J DBE

Citations:

[2007] EWHC 468 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .

Cited by:

See Also – Masri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See Also – Masri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See Also – Masri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See Also – Masri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See Also – Masri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See Also – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See Also – Masri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See Also – Masri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 29 September 2022; Ref: scu.272531

Masri v Consolidated Contractors International UK Ltd and Another: ComC 28 Jul 2006

Citations:

[2006] EWHC 1931 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .

Cited by:

See Also – Masri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See Also – Masri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See Also – Masri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See Also – Masri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See Also – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See Also – Masri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See Also – Masri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 29 September 2022; Ref: scu.244014

Apple Corps Ltd v Apple Computer Inc: ChD 8 May 2006

The parties had several years ago compromised an action for trade mark infringement on the basis that the defendant would not use the Apple logo in association with areas of commercial activity, including the sale of ‘work whose principal content is music’. The claimants said that the iTunes service for downloading music fom the internet was in breach.
Held: The claim failed. The contract had to be construed in its proper context as regards the development of technology. The agreement had impliedly anticipated use of the logo by the defendant in systems for the delivery of material. ‘I have to consider whether the mark is used to suggest a relevant trade connection with the recorded work, and even if it does then whether it is still permitted if the mark is used in connection with the download service and is a reasonable and fair use which does not go unreasonably and unfairly beyond it. ‘ The use of the logo was not a use suggesting any connection with the creation of the material transmitted.

Judges:

Mann J

Citations:

[2006] EWHC 996 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Cited – Aristoc Ltd v Rysta Ltd HL 1945
The House had to consider changes between the two Acts, and in particular the meaning of the phrase ‘in connection with’, and what sort of trade was relevant for the purposes of what the mark indicated, under the 1938 Act.
Held: The . .
Cited – Lloyd Schuhfabrik Meyer v Klijsen Handel ECJ 22-Jun-1999
ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on . .
Cited – Euromarket Designs Inc v Peters and Trade and Barrel Ltd ChD 25-Jul-2000
The court considered the nature of use in relation to goods under the 1994 Act, and the Directive: ‘It may well be that the concept of ‘use in relation to goods’ is different for differing purposes. Much may turn on the public conception of the use. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract

Updated: 29 September 2022; Ref: scu.241548

Masri v Consolidated Contractors International (UK) Ltd: ComC 17 May 2005

Judges:

Cresswell J

Citations:

[2005] EWHC 944 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See Also – Masri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See Also – Masri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See Also – Masri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See Also – Masri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See Also – Masri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See Also – Masri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See Also – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See Also – Masri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
See Also – Masri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See Also – Consolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See Also – Masri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
Lists of cited by and citing cases may be incomplete.

Contract, Jurisdiction

Updated: 29 September 2022; Ref: scu.226287

The Secretary of State for Transport v Arriva Rail East Midlands Ltd (‘Arriva’): CA 18 Dec 2019

Applicable time limit for the bringing of claims arising out of a public procurement process which is not governed by the Public Contracts (and similar) Regulations. It raises the stark contrast between the 3-month time limit required for an application for judicial review, and the 6-year limit for a claim for breach of statutory duty provided by the Limitation Act 1980.

Citations:

[2019] EWCA Civ 2259

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Limitation

Updated: 29 September 2022; Ref: scu.645866

Foodco UK Llp (T/A Muffin Break) and Others v Henry Boot Developments Ltd: ChD 3 Mar 2010

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 of reasonableness within section 11 of the 1977 Act: ‘(i) The aspiration of certainty is a reasonable one for the parties to adopt. In most cases it will have the effect of avoiding a twelve day trial such as this one.
(ii) There was no substantial imbalance of bargaining power between the parties. Each of the tenants was a commercial and substantial concern . .
(iii) Each of the tenants was advised by solicitors . .
(iv) The term itself was open to negotiati . .
(v) Perhaps most importantly, the clause expressly permitted reliance on any reply given by the Henry Boot’s solicitors to the tenant’s solicitors. If, therefore, something of importance had been stated in the course of negotiations upon which the intending tenant wished to rely, its solicitors had only to ask Henry Boot’s solicitors for an answer to a question. That would have revealed whether Henry Boot was prepared to formalise the statement so that the tenant could rely on it or whether the tenant would have to undertake its own due diligence.’

Judges:

Lewison J

Citations:

[2010] EWHC 358 (Ch)

Links:

Bailii

Statutes:

Unfair Contract Terms Act 1977 11

Jurisdiction:

England and Wales

Citing:

Cited – Onassis and Calogeropoulos v Vergottis HL 1968
Lord Pearce (dissenting) discussed the assessment of a witness’ oral evidence: ‘Credibility involves wider problems than mere demeanour which is mostly concerned with whether the witness appears to be telling the truth as he now believes it to be. . .
Cited – Henderson v Volk 1982
(Court of Appeal of Ontario) Cory JA said: ‘It is different when a party seeks to establish a right-of-way for pedestrians over a sidewalk. In those circumstances the user sought to be established may not even be known to the owner of the servient . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 27 September 2022; Ref: scu.402541

Donington Park Leisure Ltd v Wheatcroft and Son Ltd: ChD 7 Apr 2006

Leave to apply was pursued under the provisions of a Tomlin order. The parties had disputed the extent to which parts of the order should be exhibited to the court.
Held: The Tomlin order should be amended to add terms necessary to give effect to the parties’ intentions.

Citations:

[2006] EWHC 904 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Trollope and Colls Limited v North West Metropolitan Regional Hospital Board HL 1973
The court was requested to imply a term into a building contract.
Held: The term could not be implied, since at least four alternatives might also be implied.
Lord Pearson said: ‘[T]he court does not make a contract for the parties. The . .
Cited – Phillips Electronique Grand Public SA v British Sky Brodcasting Ltd CA 1995
The court warned against being less than stringent when seeking to imply a term into a contract: ‘The courts’ usual role in contractual interpretation is, by resolving ambiguities or reconciling apparent inconsistencies, to attribute the true . .
Cited – Tai Hing Ltd v Liu Chong Hing Bank PC 1985
(Hong Kong) The relationship between banker and customer is principally a contractual one between debtor and creditor. As between the banker and his customer, the risk of loss through forgery of the customer’s signature falls on the banker unless . .
Cited – BP Refinery (Westernport) Pty Ltd v The Shire of Hastings PC 1977
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract.
Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a . .
Cited – Liverpool City Council v Irwin HL 31-Mar-1976
The House found it to be an implied term of a tenancy agreement that the lessor was to be responsible for repairing and lighting the common parts of the building of which the premises formed part. In analysing the different types of contract case in . .
Cited – Equitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
Cited – Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross CA 22-Mar-2001
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 . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract

Updated: 27 September 2022; Ref: scu.241458

Celtech International Limited v Dalkia Utilities Services Plc: ChD 12 Feb 2004

Judges:

Mr Justice David Richards

Citations:

[2004] EWHC 193 (Ch

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Dalkia Utilities Services Plc v Celtech International Ltd ComC 27-Jan-2006
The Court was asked to decide (i) which, if either, of the two parties to a 15 year agreement lawfully terminated it; (ii) whether, if one of them did so, it was by giving notice under a contractual termination clause or by way of acceptance of the . .
See Also – Dalkia Utilities Services Plc v Celtech International Ltd (No. 2) ComC 2-Feb-2006
. .
Lists of cited by and citing cases may be incomplete.

Contract, Insolvency

Updated: 27 September 2022; Ref: scu.193447