Category: Contract

Crema v Cenkos Securities Plc: CA 20 Jan 2011

(Supplementary judgment)

Citations:

[2010] EWCA Civ 10

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Crema v Cenkos Securities Plc ComC 16-Mar-2010
. .
See Also – Crema v Cenkos Securities Plc CA 16-Dec-2010
C sought payment of broker fees after assisting in raising funds for a venture capital company. The parties disputed the terms as to when payment was to be made.
Held: The appeal was allowed. The evidence did not allow the inference of the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 31 August 2022; Ref: scu.428064

Oceaneering International Ag and Another: SCS 1 Dec 2010

The petitioners seek payment from the respondents of more than $2 million said to be overdue on invoices relative to an Agreement between the parties dated 1 April 2009 and a related Assignation dated 9 August 2010. That Agreement concerned the provision by the petitioners, to the order of the respondents, of remotely operated vehicle equipment, systems, services and personnel, and it is not in dispute that the vessel ‘Sarah’ was the location at which the contract came to be performed.

Citations:

[2010] Scot CSOH – 161

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 31 August 2022; Ref: scu.427432

R and D Construction Group Ltd v Hallam Land Management Ltd: SCS 10 Dec 2010

Citations:

[2010] ScotCS CSIH – 96, 2011 GWD 2-85, 2011 SLT 326

Links:

Bailii

Citing:

Cited – IBM v Rockware Glass Ltd CA 1980
The court considered the meaning on a promise by one party to use its best endeavours to obtain a relevant planning permission.
Held: The obligation included an obligation to appeal from an initial refusal of permission so long as the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract

Updated: 31 August 2022; Ref: scu.427435

Benedetti v Sawiris and Others: CA 16 Dec 2010

The claimant had claimed a reward for his role in securing a very substantial business deal for the defendants. The judge had rejected claims in contract but had awarded a sum of 67m Euros on a quantum meruit basis. He appealed saying that the award had been miscalculated. The defendants appealed against the finding of liability.
Held: There had been a miscalulation. The ordinary market value of the services in fact rendered by Mr Benedetti, had been held to be 36.3m euros, and the figure of 67m euros was referable to 60 per cent of the services in respect of which Mr Benedetti was claiming a quantum meruit. He had been paid for 60% of his entitlement and te balance now due was 14m euros. The Holding company defendants were not liable.

Judges:

Arden, Rimer, Etherton LJJ

Citations:

[2010] EWCA Civ 1427

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Benedetti and Another v Sawiris and Others ChD 15-Jun-2009
The claimant sought payment for his services to the defendants for his work in facilitating a substantial buy out of an Italian energy company.
Held: The claim succeeded on a quantum meruit basis to the extent of 75m euros but not otherwise. . .
First Instance consequentials – Benedetti and Another v Sawiris and Others ChD 21-Jul-2009
Orders consequential on the main judgement to apportion liability as between the various defendants. . .

Cited by:

Appeal from – Benedetti v Sawiris and Others SC 17-Jul-2013
The claimant appealed against reduction of the sum awarded on his claim for a quantum meruit after helping to facilitate a very substantial business deal for the defendants.
Held: The correct approach to the amount to be paid by way of a . .
Lists of cited by and citing cases may be incomplete.

Contract, Equity

Updated: 29 August 2022; Ref: scu.427207

Powell v Lowe: CA 18 Oct 2010

The parties had lived together. On their separation, the respondent reclaimed a sum she said had been lent to him by her. He now appealed against a finding that the arrangement was a loan and that it was repayable.
Held: Appeal dismissed.

Judges:

Ward LJ, Moore-Bick LJ

Citations:

[2010] EWCA Civ 1419

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 29 August 2022; Ref: scu.427204

Pt Pan Indonesia Bank Ltd Tbk v Marconi Communications International Ltd: CA 27 Apr 2005

The parties disputed the jurisdiction of the English courts over a letter of credit. It foresaw payment here and in sterling, made by the English bank as against the appropriate documents. Authority had been given for service out of the jurisdiction.
Held: The English courts had jurisdiction in this issue. ‘[T]he correct approach for the purposes of identifying the governing law is to look at how the contract was intended by its terms to operate at the time it was made, rather than to look at what in fact occurred. ‘ ‘The presumption contained in Article 4(2) is a blanket provision which falls to be applied across the entire field of contract law. It assumes the ability to identify a single party charged with the (single) performance characteristic of the contract. A letter of credit as such is not susceptible of such treatment. It is the source of a number of autonomous bilateral contracts arising successively between the parties and/or banks involved, each of which, considered separately, has a separate characteristic performance and therefore potentially a different governing law, albeit that a conclusion as to the law governing one contract may be the same in respect of another. Thus it is misleading to speak of the governing law in respect of a letter of credit. It is desirable but not essential that each of the contractual relationships arising in the course of the transaction have the same governing law. ‘

Judges:

Potter, Buxton, Hooper LJJ

Citations:

[2005] EWCA Civ 422, Times 18-May-2005, [2007] 2 Lloyd’s Rep 72

Links:

Bailii

Statutes:

Rome Convention on the Law Applicable to Contractual Obligations 4, Contracts (Applicable Law) Act 1990

Jurisdiction:

England and Wales

Citing:

Cited – Bank of Baroda v Vysya Bank Limited ChD 1994
An Indian buyer had agreed to purchase a consignment of Latvian steel through its London office. The buyer instructed Vysya to issue a credit in favour of the seller beneficiary. The credit was confirmed by the Bank of Baroda’s London office. The . .
Cited – Banco de Portugal v Waterlow and Sons Ltd HL 28-Apr-1932
Lord Macmillan said: ‘Where the sufferer from a breach of contract finds himself in consequence of that breach placed in position of embarrassment the measures which he may be driven to adopt in order to extricate himself ought not to be weighed in . .
Cited – Offshore International SA v Banco Central SA ChD 1977
A standby letter of credit was issued by a Spanish bank and advised (but not confirmed) by a New York bank payable in New York.
Held: The governing law was the law of New York, as the place where the letter of credit was opened, the documents . .
Appeal from – Marconi Communications International Ltd v Pt Pan Indonesia Bank Ltd Tbk ComC 4-Feb-2004
Marconi claimed damages for the defendant’s alleged breach of contract in respect of the latter’s failure to honour its obligations as a confirmer of a Letter of Credit. Marconi alleged that Panin Bank wrongfully failed to accept drafts properly . .
Cited – Bank Melli Iran v Barclays Bank Ltd 1951
. .
Cited – Power Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
Cited – Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E CA 21-Dec-2001
The defendant appealed an order refusing a stay of the proceedings on the grounds of forum non conveniens. The contract of guarantee contained no choice of law clause, but the contract under which it was made set English law as the jurisdiction. The . .
Cited – Caledonia Subsea Limited v Micoperi Srl IHCS 12-Jul-2002
The court considered the proper application of Article 4 of the Convention. The Lord President expressed agreement with the position as stated in Samcrete: ‘I consider that the presumption under para 2 should not be disregarded unless the outcome of . .
Cited – Bank of Credit and Commers Hong Kong Ltd v Sonali Bank QBD 20-Oct-1994
There was no basis for a forum switch to Bangladesh of an action as of right under UK law. Under a Letter of Credit it is desirable that the same system of law should govern the co-existing contracts between (a) the issuing bank and the beneficiary, . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Lists of cited by and citing cases may be incomplete.

International, Contract, Jurisdiction

Updated: 29 August 2022; Ref: scu.224500

Ennstone Building Products Ltd v Stanger Ltd: CA 28 Jun 2002

Two companies with head offices in England and subsidiary offices in Scotland, contracted for work to be done in Scotland. The contract was silent as to the applicable law.
Held: Where both companies traded in England, the presumptions under the convention were not to be set aside merely because the place of performance and direct control under the contract were in Scotland. The contract was most closely connected with England and issues arising were to be tried there.

Judges:

Lords Justice Potter and Keene

Citations:

Gazette 12-Sep-2002, [2002] EWCA Civ 916, [2002] 1 WLR 3059, [2002] 2 All ER (Comm) 479

Links:

Bailii

Statutes:

Contracts (Applicable Law) Act 1990

Jurisdiction:

England and Wales

Jurisdiction, Contract

Updated: 29 August 2022; Ref: scu.174983

MGN Ltd and Others v Grisbrook: CA 9 Dec 2010

Judges:

Sir Andrew Morritt Ch, Leveson, Etherton LLJ

Citations:

[2010] EWCA Civ 1399

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Crema v Cenkos Securities Plc CA 16-Dec-2010
C sought payment of broker fees after assisting in raising funds for a venture capital company. The parties disputed the terms as to when payment was to be made.
Held: The appeal was allowed. The evidence did not allow the inference of the . .
Lists of cited by and citing cases may be incomplete.

Contract, Intellectual Property

Updated: 28 August 2022; Ref: scu.427001

Crowson v HSBC Insurance Brokers Ltd: ChD 23 Nov 2010

The court was asked whether a person who is not in a contractual relationship with an insurance broker nonetheless has rights of action in tort and/or contract where the insurance to be arranged is also for his benefit.

Judges:

Bragge M

Citations:

[2010] EWHC B26 (Ch), [2010] Lloyd’s Rep IR 441

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Agency, Contract

Updated: 27 August 2022; Ref: scu.426469

Attwood v Small and Others: HL 1 Mar 1838

The plaintiffs had bought land including iron mines from the defendants. They sought and were given explicit re-assurances about the mine’s capacity, but these proved false after the plaintiffs had begun to work the mine themselves.
Held: (Lords Lyndhurst and Wynford dissenting) The contract could not be rescinded. There was no sufficient evidence of fraud, and because the plaintiffs had tested the re-assurances given and then relied upon that testing.

Citations:

[1838] UKHL J14, 7 ER 684, [1838] UKHL J60

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Attwood v Small And Others 8-Nov-1827
. .
See Also – Attwood v Small And Others 9-Aug-1827
An agreement, contained by itself less than 1080 words, but there was in it a stipulation that a clause in a previous agreement, which was duly stamped, should be taken as part of the new agreement.
Held: That although with the clause referred . .
See Also – Attwood v Small 12-Dec-1827
Where a great number of exceptions were taken to an answer, and shortly before the argument the defendant submitted to answer them, in consequence of which, it was urged, that the answer was clearly evasive, and that the ordinary costs were greatly . .
See Also – Small And Others v Attwood And Others 3-May-1828
Amendment of pleadings . .
Cited – Small And Others v Attwood And Others 1-Nov-1832
Where a contract is entered into for the purchase of an estate by certain persons in their own names, but in fact on their own account, and also as agents for other parties, a bill to rescind the contract may be filed in the names of the agents and . .

Cited by:

At HL – Attwood v Small etc 22-Mar-1838
. .
See Also – Attwood v Small 1840
. .
Lists of cited by and citing cases may be incomplete.

Company, Torts – Other, Contract

Updated: 27 August 2022; Ref: scu.426444

SK Slavia Praha-Fotbal As v Debt Collect London Ltd and Another: CA 4 Nov 2010

SSPF disputed the court’s jurisdiction to hear the claimant’s case for a debt said to be due, appealing against a finding that the court in Prague was not first seised of the dispute.

Judges:

Mummery, Lloyd, Stanley Burnton LJJ

Citations:

[2010] EWCA Civ 1250, [2011] Bus LR 412, [2011] CP Rep 10, [2011] 1 All ER (Comm) 699, [2010] 2 CLC 852, [2011] 1 WLR 866

Links:

Bailii

Statutes:

ouncil Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition of Judgments in Civil and Commercial matters in the European Union

Jurisdiction:

England and Wales

Jurisdiction, Contract

Updated: 26 August 2022; Ref: scu.425803

HHY Luxembourg Sarl and Another v Barclays Bank Plc and Others: CA 22 Oct 2010

Longmore LJ said: ‘when alternative constructions are available one has to consider which is the more commercially sensible . . The judge said that it did not flout common sense to say that the clause provided for a very limited level of release, but that, with respect, is not quite the way to look at the matter. If a clause is capable of two meanings, as on any view this clause is, it is quite possible that neither meaning will flout common sense. In such circumstances, it is much more appropriate to adopt the more, rather than the less, commercial construction.’

Judges:

Longmore, Jacob, LLJ, Kitcin J

Citations:

[2011] 1 BCLC 336, [2010] EWCA Civ 1248

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – HHY Luxembourg Sarl and Another v Barclays Bank Plc and Others ChD 23-Sep-2010
. .

Cited by:

Approved – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 26 August 2022; Ref: scu.425796

Flaherty v National Greyhound Racing Club Limited: ChD 8 Dec 2004

The claimant alleged that his case had been dealt with unjustly and in breach of natural justice by the respondents.

Judges:

The Hon Mr Justice Evans-Lombe

Citations:

[2004] EWHC 2838 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Lists of cited by and citing cases may be incomplete.

Contract, Natural Justice

Updated: 26 August 2022; Ref: scu.220214

Glossop Cartons and Print Ltd and Others v Contact (Print and Packaging) Ltd and Others: ChD 11 Sep 2019

The claimants sought damages for fraudulent (alternatively negligent) misrepresentations and breaches of warranty and an indemnity in relation to three linked agreements made between the parties.

Judges:

Judge Hodge QC

Citations:

[2019] EWHC 2314 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Contract

Updated: 26 August 2022; Ref: scu.641408

Malone and Others v British Airways Plc: CA 3 Nov 2010

The court was asked to consider whether the express incorporation into contracts of employment of the terms of a collective agreement resulted in a particular such term that impacted upon working conditions being individually enforceable by the employee.
Held: It was not. Smith LJ explained that any such right of individual enforcement carried the potential for such disastrous consequences for the employer that it could not have been the intention of the parties to the collective agreement that it was to be so enforceable. It was therefore a term intended to be binding in honour only and so not ‘apt’ to become a term of the employment contract in which it had been expressly incorporated.

Judges:

Ward, Smith, Jackson LJJ

Citations:

[2010] EWCA Civ 1225, [2011] ICR 125, [2011] IRLR 32

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – George v The Ministry of Justice CA 17-Apr-2013
The claimant appealed against rejection of his claim that the respondent had broken his contract of employment as a prison officer by changing the collective agreement for prisons officers. The judge had found that the respective terms were not . .
Lists of cited by and citing cases may be incomplete.

Employment, Contract

Updated: 25 August 2022; Ref: scu.425745

Springwell Navigation Corporation v JP Morgan Chase Bank and Others: CA 1 Nov 2010

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 be inclined to regard that part of clause 6 . . as falling within section 3 [of the Misrepresentation Act] and therefore subject to the UCTA regime’.

Judges:

Rix, Rimer, Aikens LJJ

Citations:

[2010] EWCA Civ 1221

Links:

Bailii

Statutes:

Misrepresentation Act 1967 3, Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

Appeal from – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-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 . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .
Cited – Raiffeisen Zentralbank Osterreich Ag v The Royal Bank of Scotland Plc ComC 11-Jun-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 . .

Cited by:

Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
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 . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Contract

Updated: 25 August 2022; Ref: scu.425614

Clarke and Others v Get Training Ltd: CA 29 Oct 2010

Several claimants appealed against judgments awarding sums to the respondent training provider as due under contracts with them. They were to receive training as Domestic Energy Assessors. The sums had been under loan arrangements, which the respondent admitted had been altered by them before submission to the loan company.
Held: The appellants had paid the full sums to the company, and then a loan arrangement had been made. The company had therefore been paid in full, and the appeals succeeded.

Judges:

Mummery, Aikens, Gross LJJ

Citations:

[2010] EWCA Civ 1213

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 25 August 2022; Ref: scu.425611

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 itself in repudiatory breach of the contract entitling the purchaser to terminate the contract.
Held: The question was answered by answering the question ‘Whether looking at all the circumstances objectively, that is from the perspective of a reasonable person in the position of the innocent party, the contract breaker has clearly shown an intention to abandon and altogether to refuse to perform the contract.’

Judges:

Mummery, Etherton, Sullivan LJJ

Citations:

[2010] EWCA Civ 1168, [2011] 2 All ER (Comm) 223

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Woodar Investment Development Ltd v Wimpey Construction UK Ltd HL 14-Feb-1980
Wimpey agreed to buy land from Woodar for a sum of andpound;850,000 of which andpound;150,000 was to be paid to Transworld. A month later Wimpey sent a letter purporting to rescind the contract and Woodar sued for damages including the . .
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – CDV Software Entertainment Agv Gamecock Media Europe Ltd and Others ChD 20-Nov-2009
. .
Cited – Spettabile Consorzio Veneziano di Armamento e Navigazione v Northumberland Shipping Co Ltd CA 1919
Purchasers had claimed rescission of contracts for the construction of ships and ‘alternatively, a declaration that the contract was null and void, or had been frustrated, or was at an end’.
Held: What the purchaser wanted, in substance, was . .
Cited – Chilean Nitrate Sales Corporation v Pansuiza Compania de Navegacion SA and Marine Transportation Co Ltd (‘The Hermosa’) CA 1982
Donaldson LJ summarised the law as regards renunciation of a contract, saying: ‘The learned Judge formulated the test to be applied as being ‘whether MTC and the owners acted in such a way as to lead a reasonable person to conclude that they did not . .

Cited by:

Cited – Oates and Another v Hooper and Another CA 26-Nov-2010
The court was asked whether a seller of property who had purported to give a premature notice of rescission under the Law Society’s 2003 Standard Conditions of Sale was in repudiatory breach of contract.
Held: The court must look at the . .
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.

Contract

Updated: 25 August 2022; Ref: scu.425373

HHY Luxembourg Sarl and Another v Barclays Bank Plc and Others: ChD 23 Sep 2010

Judges:

Proudman J

Citations:

[2010] EWHC 2406 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – HHY Luxembourg Sarl and Another v Barclays Bank Plc and Others CA 22-Oct-2010
Longmore LJ said: ‘when alternative constructions are available one has to consider which is the more commercially sensible . . The judge said that it did not flout common sense to say that the clause provided for a very limited level of release, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 25 August 2022; Ref: scu.425255

Soufflet Negoce Sa v Bunge Sa: CA 13 Oct 2010

The court asked: ‘If, in a typical Free On Board (‘FOB’) contract, the buyer presents a vessel at the loading port which is not ready to take the cargo because the holds need to be cleaned, is the seller obliged to begin loading? ‘

Judges:

Longmore, Wilson, Toulson LJJ

Citations:

[2010] EWCA Civ 1102

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Contract

Updated: 25 August 2022; Ref: scu.425193

Rio Football Services Hungary Kft v Sevilla Futbal Club Sad: QBD 6 Oct 2010

The defendant sought leave to appeal against summary judgment on several elements of a claim under a football player financing agreement, arguing that the claims were made under a penalty provision, and otherwise. It was also said that the agreements amounted to an enslavement of the player.
Held: Leave was refused. Whilst the literal meaning of the contract might be absurd it could be interpreted without difficulty to provide a commercial result: ‘if a literal reading of the language of a contract leads to an absurd result, and one which reflects an intention which the parties could never have had, the law does not require a court to attribute to the parties such an intention.’ The contract imposed no constraints on the options of the player.

Judges:

Edwards-Stuart J

Citations:

[2010] EWHC 2446 (QB)

Links:

Bailii

Citing:

Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of 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 . .
Lists of cited by and citing cases may be incomplete.

Banking, Contract

Updated: 25 August 2022; Ref: scu.424948

Force India Formula One Team Ltd v Etihad Airways PJSC and Another: CA 6 Oct 2010

The claimant complained of the failure to honour its sponsorship agreement of its Formula 1 racing team. The court at first instance had found the breaches to have been waived.
Held: Rix LJ discussed the consequences of a breach, saying: ‘this contract, especially during the winter break between two racing seasons, did not present the typical case where mere delay may demonstrate a decision to affirm . . The present case concerns a complex and medium term relationship, which a takeover has destabilised, and where it necessarily and legitimately takes time for the consequences to become clearer and for the innocent party to consider his position. That is the middle ground between acceptance of a repudiation and affirmation of a contract which I discussed in the earlier Stocznia case’
Rix LJ said: ‘this contract, especially during the winter break between two racing seasons, did not present the typical case where mere delay may demonstrate a decision to affirm . . The present case concerns a complex and medium term relationship, which a takeover has destabilised, and where it necessarily and legitimately takes time for the consequences to become clearer and for the innocent party to consider his position. That is the middle ground between acceptance of a repudiation and affirmation of a contract which I discussed in the earlier Stocznia case’

Judges:

Rix, Patten LJJ, Sir Mark Waller

Citations:

[2010] EWCA Civ 1051, (2010) 107(40) LSG 22, [2011] ETMR 10

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Force India Formula One Team Ltd v Etihad Airways PJSC and Another QBD 4-Nov-2009
The parties had entered into a sponsorship agreement, with the claimants undertaking to display the name of the defendants on their car. After the agreement, the claimant company had been taken over by parties with interests competing with those of . .

Cited by:

Cited – Jet2Com Ltd v SC Compania Nationala De Transporturi Aeriene Romane Tarom Sa ComC 15-Mar-2012
The parties had contracted for the defendant to maintain certain of the claimant’s aircraft. Each now asserted breach by the other.
Held: Neither the terms of the contract nor its character made time of the essence for the payments to be made . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 25 August 2022; Ref: scu.424933

BBGP Managing General Partner Ltd and Others v Babcock and Brown Global Partners: ChD 20 Aug 2010

Norris J held:
‘Although the case law refers to crime or fraud or dishonesty (such as fraudulent breach of trust, fraudulent conspiracy, trickery or sham contrivances) it is plain that the term ‘fraud’ is used in a relatively wide sense: Eustice’s case [1995] 1 WLR 1238, 1249D. So a scheme to effect transactions at an undervalue was sufficient (Eustice’s case); as was deliberate misrepresentation for the purpose of securing a mortgage advance (Nationwide Building Society v Various Solicitors [1999] PNLR 52, 72); or making a disposition with the intention of defeating a spouse’s claim for financial relief (C v C (Privilege) [2008] 1 FLR 115); or the establishment by employees, in breach of a duty of fidelity to their employer, of a rival business: Gamlen Chemical Co (UK) Ltd v Rochem Ltd (No 2) (1979) 124 SJ 276 and Walsh Automation (Europe) Ltd v Bridgeman [2002] EWHC 1344 (QB). The enumeration of examples is useful only in so far as it enables some underlying theme or connectedness to be identified. In each of these cases the wrongdoer has gone beyond conduct which merely amounts to a civil wrong; he has indulged in sharp practice, something of an underhand nature where the circumstances required good faith, something which commercial men would say was a fraud or which the law treats as entirely contrary to public policy. (I borrow language from Gamlen and from Williams v Quebrada Railway Land and Copper Co [1895] 2 Ch 751.)’

Judges:

Norris J

Citations:

[2010] EWHC 2176 (Ch), [2010] 2 CLC 248, [2011] Ch 296, [2011] 2 All ER 297, [2011] 2 WLR 496, [2011] Bus LR 466

Links:

Bailii

Statutes:

Limited Partnerships Act 1907 6

Jurisdiction:

England and Wales

Citing:

Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .
Cited – Nationwide Building Society v Various Solicitors ChD 20-Jan-1998
Legal professional privilege could be set aside at disclosure where the fraudulent intention of one lay client was thereby shown as against another lender. The right to assert legal professional privilege does not apply to documents which came into . .

Cited by:

Cited – X v Y Ltd (Practice and Procedure – Disclosure) EAT 9-Aug-2018
Iniquity surpasses legal advice privilege
PRACTICE AND PROCEDURE – Disclosure
PRACTICE AND PROCEDURE – Striking-out/dismissal
An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 25 August 2022; Ref: scu.424868

Louis Castrique v Guiseppe Buttigieg: PC 27 Nov 1855

The liability of an indorser to his immediate indorsee arises out of a contract between them, and this contract in no instance consists exclusively in the writing popularly called an indorsement, vhich is necessary to the existence of the contract in question but arises out of the written indorsement itself ;

Citations:

[1855] UKPC 26

Links:

Bailii

Jurisdiction:

England and Wales

Banking, Contract

Updated: 24 August 2022; Ref: scu.424613

Jayawickreme and Another v Amarasuriya Since Deceased: PC 4 Jun 1918

(Ceylon)

Citations:

[1918] UKPC 51, [1918] AC 869

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Eastwood v Kenyon 1840
eastwood_kenyon1840
Defendant may shew, under non assumpsit, that the promise was within stat. 29 Car. 2, c. 3, 8, 4, and was not in writing. Section 4 of that statute, as to promises to pay the debt of another, contemplates only promises made to the person to whom . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 24 August 2022; Ref: scu.423424

Dundee City Council, Angus Council and Perth and Kinross Council as ‘Tayside Contracts’ v D Geddes (Contractors) Ltd: SCS 1 Jul 2014

The pursuers seek payment by the defenders of andpound;812,718, all in respect of damages for an alleged breach of contract. In order to carry out road maintenance work, Tayside Contracts purchased crushed stone from the defenders to be used in the surface dressing of roads. The claim is that loss was caused by the stone being disconform to contract.

Judges:

Lord Malcolm

Citations:

[2014] ScotCS CSOH – 105

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 23 August 2022; Ref: scu.534143

Triplot and Another v Whetter: QBD 1 Apr 2011

The claimants sought the return of horses said to have been stolen from them. The defendants said that they had properly purchased the horses and denied that they were the ones stolen.
Held: ‘the claimants have proved beyond any reasonable doubt that, between them, they own, and were and remain entitled to possession of, the three horses.’

Judges:

Anthony Thornton QC J

Citations:

[2011] EWHC 931 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Contract

Updated: 23 August 2022; Ref: scu.440883

Royal Bank of Scotland Plc v Carlyle: SCS 6 Aug 2010

(Outer House)

Judges:

Lord Glennie

Citations:

[2010] ScotCS CSOH – 108

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Royal Bank of Scotland Plc v Carlyle SCS 13-Jan-2010
The bank sought repayment of a loan to the defender, who replied saying that the Bank had promised additional funding without which he suffered losses. . .

Cited by:

See Also – Royal Bank of Scotland Plc v Carlyle SCS 12-Sep-2013
. .
At Outer House – Carlyle (Scotland) v Royal Bank of Scotland Plc SC 11-Mar-2015
Assessing Whether 1st Judge was Plainly Wrong
The Court was asked whether, on an objective assessment of a what a developer and the bank had said to each other, the bank intended to enter into a legally binding promise to advance sums in the future to fund not only the developers purchase of . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 22 August 2022; Ref: scu.421498

Daventry District Council v Daventry and District Housing Ltd: ChD 30 Jul 2010

The parties had negotiated for the transfer to the defendant of the claimant’s housing stock, the associated management team, and the pension and other related assets and obligations. The claimant sought rectification of the agreement to reflect what it said had been that truly reached.
Held: The request for rectification failed.

Judges:

Vos J

Citations:

[2010] EWHC 1935 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Daventry District Council v Daventry and District Housing Ltd CA 13-Oct-2011
The appellant challenged refusal of rectification of its agreement with the defendant. They asserted either mutual or unilateral mistake. The parties had agreed for the transfer of housing stock and management staff to the respondents. The claimant . .
Lists of cited by and citing cases may be incomplete.

Contract, Equity

Updated: 22 August 2022; Ref: scu.421361

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: ChD 30 Jul 2010

The parties disputed whether the respondent was in law insolvent at the time it entered into financial transactions with it.
Held: The Court rejected the Noteholders’ submission that Eurosail was plainly insolvent for the purposes of section 123(2) as applied, relying on four points. First, Eurosail’s claims in the insolvencies of other companies, though not admitted, could not be ignored. The secondary market indicated that the claim was worth a value of the order of andpound;60m. Second, a large part of the total deficiency that was claimed to exist was due to conversion into sterling at the prevailing spot rate of liabilities not due for payment until 2045. Third, the future liabilities were fully funded in the limited sense that deficiencies resulting from mortgage defaults reduced Eurosail’s liability to the Noteholders through the operation of the Principal Deficiency Ledger. Fourth, the Chancellor was able to infer that a calculation of the then present values of assets and liabilities would not show a deficiency, since Eurosail was well able to pay its debts as they fell due, there was no deficiency on the Principal Deficiency Ledger, and projected redemptions of each class of A Notes were in advance of the maturity dates.

Judges:

Sir Andrew Morritt C

Citations:

[2011] 1 WLR 1200, [2010] EWHC 2005 (Ch), [2010] Bus LR 1731

Links:

Bailii

Statutes:

Insolvency Act 1986 123

Jurisdiction:

England and Wales

Cited by:

Appeal from – BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others CA 7-Mar-2011
The court was asked questions to interpret the terms of interest-bearing notes, which were issued by Eurosail-UK 2007-3BL PLC, a special purpose vehicle formed to hold income-producing assets, consisting of mortgage loans, to be used to meet the . .
At First Instance – BNY Corporate Trustee Services Ltd and Others v Neuberger SC 9-May-2013
Potential Insolvency effect under guarantee
The various parties had entered into complex and substantial financial arrangements incorporating guarantees. The guarantees were conditional upon the guaranteed party being solvent. The parties disputed whether a party which would otherwise be . .
Lists of cited by and citing cases may be incomplete.

Contract, Insolvency

Updated: 22 August 2022; Ref: scu.421238

Classic Maritime Inc v Lion Diversified Holdings and Another: ComC 21 May 2009

Judges:

Cooke J

Citations:

[2009] EWHC 1142 (Comm), [2010] 1 Lloyd’s Rep 59

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – British Movietone News Limited v London and District Cinemas Limited HL 26-Jul-1951
Film distributors contracted to supply newsreels at a cinematic theatre. The contract was for a minimum of 26 weeks, and after on termination by the distributors on four weeks notice thereafter, but by the cinema on four weeks after the first month. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 22 August 2022; Ref: scu.346735

Six Continents Hotels Inc v Event Hotels Gmbh: QBD 21 Sep 2006

The claimant had licensed the defendant to use its trademarks in connection with the naming of their hotels in Germany. The defendants failed to pay their fees as agreed, the claimants terminated the license and now sought payment under the termination provisions. The defendants alleged misrepresentation saying that they had agreed the fee after being told incorrectly that no lower rates were accepted from other franchisees.
Held: The defendants had not established that the representations had been made. The sums claimed were due and payable.

Judges:

Gloster J

Citations:

[2006] EWHC 2317 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hornal v Neuberger Products Ltd CA 1956
Proof Standard for Misrepresentation
The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases.
Held: The standard was the balance of . .
Cited – Grace Shipping v CF Sharp and Co (Malaya) Pte Ltd PC 10-Dec-1986
(Singapore) When a court has to weigh the various and varying recollections of witnesses about what was said at meetings which occurred in the distant past, the surest guides are the contemporaneous documents and the overall probabilities.
Lord . .
Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .
Cited – S Pearson and Son Ltd v Dublin Corporation HL 1907
A clause in a building contract provided that the contractor should satisfy himself as to the dimensions, levels and nature of all existing works. Did this exclude an action based on alleged fraudulent misrepresentations by the council’s engineers . .
Cited – Zanzibar v British Aerospace (Lancaster House) Ltd QBD 31-Mar-2000
In a contract for the purchase of airplanes, the plaintiff claimed misrepresentation, and as a result, rescission and damages. The issue was whether, once the right to rescind had been lost, any claim for damages had also lapsed under section 2(2). . .
Preferred – E A Grimstead and Son Limited v McGarrigan CA 13-Oct-1998
. .
Cited – The Ikarian Reefer CA 1995
The court reversed the decision of the trial judge that the plaintiff insured shipowners had not deliberately scuttled their vessel or cast her away: ‘(1) The burden of showing that the trial Judge was wrong lies on the appellant . . (2) When . .
Cited – Deepak Fertilisers v ICI Chemicals CA 1991
P’s methanol plant had been constructed with the use of know-how and services supplied by D. Following completion the plant exploded. The plaintiff sued D for negligence and breach of contract. The plaintiff had undertaken to indemnify D against . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract

Updated: 22 August 2022; Ref: scu.245096

Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004

The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action.’ As I have said above, none of the assignments executed before November 2003 was signed by Mr James personally; instead they were all signed in his name by his wife with his authority. Were those assignments ‘under the hand of the assignor’? In my judgement, they were not. In my opinion, these words should be given their plain and ordinary meaning, and so construed, they require that the assignor himself should sign the assignment. They do not admit of the possibility of someone other than the assignor signing in the assignor’s name.’

Judges:

Field J

Citations:

[2004] EWHC 2674 (QB)

Links:

Bailii

Statutes:

Law of Property Act 1925 136

Jurisdiction:

England and Wales

Cited by:

Cited – Trustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 22 August 2022; Ref: scu.236719

Omnium d’Enterprises v Sutherland: CA 1919

The defendant had chartered a steam ship to the plaintiff which it then sold free from the charter engagements before the date for performance. He had, on the face of it, put it out of his power to perform the charter that he had made. It was argued that this was not so, since the ex-owners might be able to get the new owners to agree to let them have the vessel back to perform the charter.
Held: This was a a clear case of repudiation. This chance was not sufficient to displace the conclusion that in truth the owners simply did not have the means of performing their bargain, as they no longer had the right to the vessel they had agreed to charter.

Citations:

[1919] 2 KB 618

Jurisdiction:

England and Wales

Contract

Updated: 22 August 2022; Ref: scu.471869

Johnstone v Milling: CA 1886

The court considered the acceptance of the repudiation of a contract.
Held: Lord Esher MR said: ‘When one party assumes to renounce the contract, that is, by anticipation refuses to perform it, he thereby, so far as he is concerned, declares his intention then and there to rescind the contract. Such a renunciation does not of course amount to a rescission of the contract, because one party to a contract cannot by himself rescind it, but by wrongfully making such a renunciation of the contract he entitles the other party, if he pleases, to agree to the contract being put an end to, subject to the retention by him of his right to bring an action in respect of such wrongful rescission. The other party may adopt such renunciation of the contract by so acting upon it as in effect to declare that he too treats the contract as at an end, except for the purpose of bringing an action upon it for the damages sustained by him in consequence of such renunciation. He cannot, however, himself proceed with the contract on the footing that it still exists for other purposes and also treat such renunciation as an immediate breach. If he adopts the renunciation, the contract is at an end except for the purposes of the action for such wrongful renunciation; if he does not wish to do so, he must wait for the arrival of the time when in the ordinary course a cause of action on the contract would arise. He must elect which course he will pursue.’
Bowen LJ said that a repudiation ‘only becomes a wrongful act if the promisee elects to treat it as such’, and ‘The claim being for wrongful repudiation of the contract it was necessary that the plaintiff’s language should amount to a declaration of intention not to carry out the contract, or that it should be such that the defendant was justified in inferring from it such intention. We must construe the language used by the light of the contract and the circumstances of the case in order to see whether there was in this case any such renunciation of the contract.’

Judges:

Lord Esher MR, Bowen LJ

Citations:

(1886) 16 QBD 460

Jurisdiction:

England and Wales

Cited by:

Cited – Jet2Com Ltd v SC Compania Nationala De Transporturi Aeriene Romane Tarom Sa ComC 15-Mar-2012
The parties had contracted for the defendant to maintain certain of the claimant’s aircraft. Each now asserted breach by the other.
Held: Neither the terms of the contract nor its character made time of the essence for the payments to be made . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 22 August 2022; Ref: scu.459947

RWE Nukem Limited v AEA Technology Plc: QBD 28 Jan 2005

For a party making a claim under the contract, the requirement was for ‘written particulars of such claim (giving detail of the specific matter as are available to the purchaser in respect of which such claim is made).’
Held: ‘Every notification clause turns on its own individual wording.’

Judges:

The Honourable Mrs Justice Gloster DBE

Citations:

[2005] EWHC 78 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Rwe Nukem Ltd. v Aea Technology Plc CA 20-Oct-2005
. .
Cited – Forrest and others v Glasser and Another CA 31-Jul-2006
The claimants appealed a preliminary decision against them as to whether they had correctly served a sufficient notice of their intention to make a claim in a commercial investment syndicate agreement.
Held: The claimants’ solicitor had . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 22 August 2022; Ref: scu.224508

Wincanton Ltd v P and O Trans European Ltd: CA 15 Feb 2001

Dyson LJ discussed the responsibilities of a bailee: ‘The critical question is always whether the parties agreed or intended (expressly or impliedly) that the obligations of the intermediate bailee should continue after he has parted with possession to a third party’

Judges:

Dyson LJ

Citations:

[2001] EWCA Civ 227, [2001] CLC 962

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kamidian v Holt (on Behalf of Certain Underwriters at Lloyd’s) and others ComC 27-Jun-2008
The claimant claimed to have bought what he believed to be a genuine Faberge Egg Clock, but which his insurers said was a copy. It was loaned to an exhibition, and insured, and damaged twice. The parties disagreed as to the disappreciation value, . .
Lists of cited by and citing cases may be incomplete.

Agency, Contract

Updated: 21 August 2022; Ref: scu.218031

Woolf v Collis Removal Service: CA 1947

Claims in tort with a nexus to the contract can be within phrases such as ‘in connection with’ in the context of arbitration clauses

Judges:

Ackner LJ

Citations:

[1948] 1 KB 11, [1947] 2 All ER 260

Jurisdiction:

England and Wales

Cited by:

Cited – Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 21 August 2022; Ref: scu.567849

Stena Line Ltd v Merchant Navy Ratings Pension Fund Trustees Ltd and Another: ChD 27 Jul 2010

Judges:

Briggs J

Citations:

[2010] EWHC 1805 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At ChD (Approved) – Stena Line Ltd v Merchant Navy Ratings Pension Fund Trustees Ltd and Another CA 12-May-2011
The court heard a proposed arrangement for the remedying of a deficit in the pension scheme. . .
Mentioned – Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance.
Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Contract

Updated: 21 August 2022; Ref: scu.421086

Area Estates Ltd v Weir: CA 20 Jul 2010

The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the purchaser sought rescission. The seller now appealed an order giving summary judgment rejecting their defences.
Held: The vendor, properly advised, could and should have known that the purported surrender, unsupported by any order of court, was ineffective. His appeal failed.

Judges:

Carnwath LJ

Citations:

[2010] EWCA Civ 801, [2010] 42 EG 106, [2010] BPIR 1459, [2010] NPC 84, [2010] 30 EG 62 (CS)

Links:

Bailii

Statutes:

Insolvency Act 1986 284(4)(a), Law of Property Act 1925 42(3)

Jurisdiction:

England and Wales

Citing:

Cited – In Re Banister; Broad v Munton CA 1879
Property was sold from a deceased estate under an order of the Court.The purchaser found the title was defective.
Held: A condition in a contract for the sale of land which purports to oust any right to object to the title or to raise . .
Cited – Heywood v Mallalieu 1883
A house was sold at auction by a mortgagee ‘subject to any easements.’ It turned out to be subject to an easement in favour of a neighbour entitling her to come and wash her clothes in the kitchen. The vendor’s solicitor had been told that the . .
Cited – Cumberland Consolidated Holdings Limited v Ireland CA 1946
A vendor of a warehouse left in the cellars of a warehouse rubbish including bags of hardened cement which would be difficult to remove, and which affected the value of the property and precluded the proper use of the cellar. The buyer complained . .
Cited – Becker v Partridge CA 1966
The contract for sale of an underlease provided that the vendor’s title ‘has been accepted . . and the purchaser shall raise no requisition or objection thereto’. there had been breaches of covenant in the superior lease giving grounds for . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 21 August 2022; Ref: scu.420973

Greaves and Co (Contractors) Ltd v Baynham Meikle and Partners: CA 1975

Consultant engineers were instructed to design a warehouse, the first floor of which, as they knew, was to be used for storing drums of oil that would be moved around by fork-lift trucks. The warehouse was built to the engineers’ design but after a few months’ use the first floor began to crack because it was not strong enough to bear the loads imposed on it. The main contractor, by whom the engineers had been employed, made a claim against them alleging that they had impliedly warranted that their design would produce a building fit for its intended use.
Held: Despite recognising that a professional man does not normally undertake an unqualified obligation to produce the desired result, the exchanges between the parties were such as to give rise to an implied term that the warehouse as designed would be fit for the purpose for which it was required. Those who provide professional services do not generally give an unqualified undertaking to produce the desired result.
Lord Denning MR said: ‘Apply this to the employment of a professional man. The law does not usually imply a warranty that he will achieve the desired result, but only a term that he will use reasonable care and skill. The surgeon does not warrant that he will cure the patient. Nor does the solicitor warrant that he will win the case.’

Judges:

Lord Denning MR

Citations:

[1975] 3 All ER 99, [1975] 1 WLR 1095, [1975] 2 Lloyds Rep 325

Jurisdiction:

England and Wales

Citing:

Cited – Samuels v Davis 1943
When a dentist agrees to make a set of false teeth for a patient, there is an implied warranty that they will fit his gums. . .

Cited by:

Cited – Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) CA 31-Jul-2008
The parties disputed the extent of duty owed by a surveyor to a lender relying on his valuation of a property to be loaned.
Held: The valuer’s appeal failed. The valuer had valued the wrong property, after being misled by the borrower. The . .
Cited – Thake v Maurice CA 1986
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 21 August 2022; Ref: scu.279928

Reeve v Lisle and others: CA 1902

The parties had entered into a series of agreements for loans, and partnerships. The defendants resisted a request by the plaintiff to be allowed, under the agreement, into partnership on a failure to repay the loan.
Held: The appeal succeeded. The agreements were separate, and there could be no objection that one constituted a clog on the equity of redemption.
Vaughan Williams explained: ‘I do not understand the defendant’s counsel to dispute that it is competent for a mortgagee to enter into an agreement to purchase from the mortgagor his equity of redemption. The only objection to such an agreement is, that it must not be part and parcel of the original loan or mortgage bargain. The mortgagee cannot, at the moment when he is lending his money and taking his security, enter into an agreement the effect of which would be that the mortgagor would have no equity of redemption. But there is nothing to prevent that being done which in substance and fact is subsequent to and independent of the original bargain.’

Judges:

Vaughan Williams LJ

Citations:

[1902] 1 Ch 53

Jurisdiction:

England and Wales

Cited by:

Appeal from – Reeve v Lisle and others HL 1902
In 1896 the plaintiffs agreed to lend andpound;5,000 to the defendant to be secured by a ship mortgage (executed later), requiring that if at any time during the period of two years the plaintiffs should elect to enter into partnership with the . .
Cited – Jones v Morgan CA 28-Jun-2001
The claimant appealed against an order refusing him enforcement an agreement for the purchase of a one half share in a property. The judge had found the agreement to be unconscionable.
Held: The appeal was dismissed. The judge had wrongly . .
Lists of cited by and citing cases may be incomplete.

Equity, Contract

Updated: 21 August 2022; Ref: scu.443248