Category: Contract

Singh v Yaqubi: CA 29 Jan 2013

Appeal against a judgment in favour of the appellant in the sum of andpound;8,709.50, plus interest, but dismissed his much larger claim against the respondent for hire charges for a Rolls Royce. The appeal is against the dismissal of that claim.

Judges:

Pill, Black LJJ, Sir Stanley Burnton

Citations:

[2013] EWCA Civ 23

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 13 November 2022; Ref: scu.470621

Piper v Hales: QBD 18 Jan 2013

The claimant owned a very vauable vintage Porsche racing car. It was hired to the defendant. The car suffered severe mechanical damage whilst being driven, and the insurers declined liability.
Held: The Defendant as hirer was under an obligation to: ‘take reasonable care of the chattel and . . use reasonable skill in its management and use reasonable skill in its management and use’. The defendant claimed a custom that a driver should not beliable for mechanical failure. The court found no sufficiently clear custom.
The evidence overwhelmingly pointed to the cause of the engine damage being the Defendant’s failure to properly engage gear and over run the engine.

Judges:

Simon Brown QC

Citations:

[2013] EWHC B1 (QB)

Links:

Bailii

Citing:

Cited – Morris v CW Martin Ltd CA 1966
Diplock LJ said: ‘The legal relationship of bailor and bailee of a chattel can exist independently of any contract.’ Where goods are lost or damaged, the burden is on the bailee (or sub-bailee) to ‘show – that the loss or damage caused without any . .
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 – Rhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .
Cited – Ide v ATB Sales Ltd and Another CA 28-Apr-2008
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst . .
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 – The Owners of the Steamship Mediana v The Owners, Master and Crew of the Lightship Comet HL 1900
A lightship was damaged by negligence. The plaintiff harbour board kept a ship ready for emergencies, and consequently the damaged ship was replaced with the spare while she was being repaired. The question was whether the claimant could recover . .
Cited – Beechwood Birmingham Ltd v Hoyer Group UK Ltd CA 10-Jun-2010
The defendant appealed against an award of damages for the results of an accident involving vehicles driven by the respective parties employees.
Held: The court extended the proposition that general damages are recoverable for loss of use to . .
Cited – In re Mumtaz Properties Ltd; Wetton v Ahmed CA 24-May-2011
Former directors appealed against finding as to their personal liability for directors’ and other loans.
Arden LJ discussed the task of a judge in fact finding: ‘By the end of the judgment, it is clear that what has impressed the judge most in . .
Lists of cited by and citing cases may be incomplete.

Contract, Agency

Updated: 13 November 2022; Ref: scu.470494

Aspinall’s Club Ltd v Al-Zayat: CA 19 Oct 2007

The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the contract breached the prohibition of credit for gambling.
Held: The defendant appealed against summary judgment. The Act made the provision of credit for gambling a criminal offence, but by excluding certain items from the provision, ‘it validates those transactions in terms of civil rights and obligations; correspondingly a transaction not so validated is illegal, because it is in breach of the prohibition in the section, and this illegality has the normal consequences in terms of civil rights and obligations.’ On the Defendant’s case, the expressed conditions under which he handed over the substitute cheque, if accepted, even implicitly, by the Claimant, would have rendered the transaction in breach of section 16(1)(b) and would have invalidated not only the cheque itself but also, as from that time, the underlying loans. The defendant’s argument that the forbearance of the claimant to enforce the cheque amounted to credit was arguable, and the case should go to trial.

Judges:

Sir Anthony Clarke MR, Sedley LJ, LLoyd LJ

Citations:

[2007] EWCA Civ 1001, Times 31-Oct-2007, [2008] Bus LR D13

Links:

Bailii

Statutes:

Gaming Act 1968 16

Jurisdiction:

England and Wales

Citing:

Cited – Ladup Ltd v Yazbeck QBD 14-May-1985
The Defendant had gambled and lost money at the Claimant’s clubs. andpound;29,000 was due on cheques drawn by him which had not been honoured. An agreement was reached under which he would pay andpound;13,500 in cash, and would reduce the rest of . .
Cited – Aspinall’s Club Ltd v Al-Zayat CA 19-Oct-2007
The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the . .
Cited – Aziz v Mayfair Casinos Ltd 30-Jun-1982
Cheques to buy gambling chips were drawn on a bank which, to the knowledge of the punter but not of the club, did not exist. The gambler said that the cheques amounted to the giving of credit under the Act and that the transactions were void.
Cited – Crockfords Club Ltd v Mehta CA 8-Jan-1992
The Defendant had gambled at the plaintiff’s casino, using cheques drawn on a company to obtain chips, all of which he lost. The cheques not having been honoured, Crockfords sued the Defendant for repayment of the loan made to him on the issue of . .
Cited – Regina v Knightsbridge London Crown Court ex parte Marcrest Properties Ltd CA 1983
The court was asked not to renew a gaming licence on the basis that the company was not a fit and proper person. They had a practice of repeatedly accepting cheques from persons whose previous cheques had been dishonoured, and in circumstances in . .
Cited – Roberts and Co v Marsh 1915
The defendant’s cheque had not been met. The debt it cleared was void. He issued a substitue cheque.
Held: The substitute cheque was a valid and unconditional order to pay, and therefore valid as a cheque, which the bank was bound to pay on . .

Cited by:

Cited – Aspinall’s Club Ltd v Al-Zayat CA 19-Oct-2007
The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 November 2022; Ref: scu.259914

National Bank of Sharjah v Dellborg and Others: CA 9 Jul 1997

The parties disputed the meaning of a Tomlin order to which they had agreed.
Held: Saville LJ said ‘if the circumstances surrounding the making of the agreement showed to a reasonable man that to read paragraph 8 as covering only the amounts actually credited to the deposit accounts would produce a result which the parties clearly could not have intended, the court would (notwithstanding the meaning which the words bear as a matter of ordinary language) interpret the paragraph so as to accord with what a reasonable man, knowing of those circumstances, would understand it to mean. This is said to be justified on the basis that to do otherwise would result in the court interpreting the agreement in a way which, in the light of the surrounding circumstances, simply offended common sense.’ However: ‘where the words the parties have chosen to use have only one meaning, and that meaning (bearing in mind the aim or purpose of the agreement) is not self evidently nonsensical, the law should take that to be their intended agreement, and should not allow the surrounding circumstances to override what ( ex hypothesi ) is clear and obvious. This would enable all to know where they stand without the need for further investigations; and for the court to provide the answer, where the point is contested, without undue delay or expense. ‘

Judges:

Saville LJ, Judge LJ

Citations:

[1997] EWCA Civ 2070

Jurisdiction:

England and Wales

Citing:

Cited – Prenn v Simmonds HL 1971
Backgroun Used to Construe Commercial Contract
Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their . .
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 . .
See Also – National Bank of Sharjah v Dellborg and Others CA 22-Feb-1993
On an ex parte application for a Mareva injunction, the party applying should file an affidavit making proper and fair disclosure of the fact supporting the allegation. Such an affidavit should normally be accompanied by enough documents to make the . .

Cited by:

Cited – Scottish Power Plc v Britoil (Exploration) Limited CA 18-Nov-1997
Five contracts existed regarding sale of natural gas from a field in the North Sea. The parties disputed whether the terms prevented the sale of gas to others.
Held: ‘On the language of the contract, the Sellers are not entitled to sell gas to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 November 2022; Ref: scu.251065

Oakbank Oil Co Ltd v Love and Stewart Ltd: HL 22 Jan 1918

A firm of timber merchants had printed in red ink at the head of their notepaper-‘All offers over a period are subject to stoppages through strikes, lock-outs, and co., and the right to cancel is reserved in the event of any of the countries from which our supplies are drawn becoming engaged in war.’ In reply to a specification of the requirements of a shale oil company for a year they tendered and adjusted the contract by correspondence on this notepaper. The red ink note was quite clear and distinct, but was not referred to. Held ( sustained. judgment of the First Division) that it was a condition of the contract.
Per the Lord Chancellor-‘It appears to me that the cases with regard to tickets on railways, which are merely vouchers for payment of a fare, have no application, and it is impossible to read the contract here apart from the red ink note.’

Judges:

Lord Chancellor (Finlay), Lord Dunedin, Lord Atkinson, Lord Shaw, and Lord Buckmaster

Citations:

[1918] UKHL 179, 55 SLR 179

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 12 November 2022; Ref: scu.631466

Chinnock v Hocaoglu and Another: CA 29 Oct 2008

The parties had contracted for the sale of a property subject to a residential tenancy under the 1987 Act. The purchaser appealed refusal of specific performance, the court having found that it had failed to meet a precondition for serving a notice to complete. It had agreed to discharge liabilities to the seller, and contract misstated the date on which the tenants could have served notice under the 1987 Act to pre-empt the sale. The judge had rectified the contract.
Held: Special condition 10 of the contract had been wrongly applied. Instead standard condition 6.1.2 applied so that the completion offered by the purchaser was not too late. Specific performance should have been granted.

Judges:

Sir Anthony Clarke MR, Waller :LJ VPCA, LLoyd LJ

Citations:

[2008] EWCA Civ 1175

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 5

Jurisdiction:

England and Wales

Citing:

Cited – Union Eagle Limited v Golden Achievement Limited PC 3-Feb-1997
(Hong Kong) The parties had contracted with each other for the sale of land. Completion was to take place on the appointed day at 5:00pm. A ten per cent deposit had been paid, and time had been made of the essence. The seller sought to rescind the . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 12 November 2022; Ref: scu.277311

Bates and Others v Post Office Ltd (No 3): QBD 15 Mar 2019

Group litigation claiming damages for post office sub-postmasters for financial losses from malfunctioning accounting software.

Judges:

Fraser J

Citations:

[2019] EWHC 606 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Bates and Others v Post Office Ltd QBD 10-Nov-2017
Directions in group litigation – claims by former postmasters against the PO for dismissals and prosecutions arising from faulty Horizon accounting software. . .
See Also – Bates and Others v Post Office Ltd QBD 17-Oct-2018
Application by the defendant to strike out considerable passages of the evidence contained in the six witness statements lodged by the claimants. . .

Cited by:

See Also – Hamilton and Others v Post Office Ltd CACD 23-Apr-2021
Post Office Prosecutions were an abuse
This judgment concerns forty-two men and women who were employed by Post Office Limited as sub-postmasters, sub-postmistresses, managers or counter assistants. They were all prosecuted by their employer and convicted of crimes of dishonesty. Many . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 November 2022; Ref: scu.635962

Pateman v Pay: 1974

A party who in fact knows that the other party does not intend to create legal relations cannot seek to contend otherwise by asserting that the evidence, objectively analysed, supports his case. He knows the truth and should not be allowed to deny it.

Citations:

(1974) 232 EG 467

Jurisdiction:

England and Wales

Cited by:

Cited – Dresdner Kleinwort Ltd and Another v Attrill and Others CA 26-Apr-2013
The bank appealed against judgment against it on claims by former senior employees for contractual discretionary bonuses.
Held: The appeal failed. The bank’s unilateral promise made within the context of an existing employment relationship to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 November 2022; Ref: scu.489482

Bonham-Carter and Others v Situ Ventures Ltd: ChD 19 Dec 2012

Citations:

[2012] EWHC 3589 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Situ Ventures Ltd v Bonham-Carter and Another CA 7-Feb-2013
The parties had contracted for the sale of a business with a requirement that the vendors remain as directors. They now disputed whether they could be removed as such.
Held: The purchasers’ appeal succeeded. The clause was not well drafted, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 November 2022; Ref: scu.467648

Progress Bulk Carriers Ltd v Tube City IMS Llc: ComC 17 Feb 2012

The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress.

Judges:

Cooke HHJ

Citations:

[2012] EWHC 273 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010
The courts do not approach arbitration awards with a meticulous legal eye endeavouring to pick holes, inconsistencies and faults or with the object of upsetting or frustrating the process of arbitration. . .
Cited – Dalwood Marine Co v Nordana Line A/S (‘The Elbrus’) ComC 21-Dec-2009
. .
Cited – Pao On and Others v Lau Yiu Long and Others PC 9-Apr-1979
(Hong Kong) The board was asked whether a contract of guarantee had been obtained by duress.
Held: Lord Scarman said: ‘Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. Their Lordships agree with the . .
Cited – Huyton SA v Peter Cremer Gmbh and Co ComC 21-Oct-1998
Mance J discussed the law of economic duress saying it was established law that economic pressure could amount to duress and referred to two basic ingredients for duress of that character. He identified those ingredients as first, ‘illegitimate . .
Cited – Mutual Finance Ltd v John Wetton and Sons Ltd 1937
A relative of a forger gave a guarantee in circumstances where the forger had been threatened with prosecution. He now pleaded economic duress.
Held: The guarantee should be set aside. The court considered the distinction between dures and . .
Cited – Thorne v Motor Trade Association HL 1937
The House confirmed a declaration granted as to validity of a rule of association notwithstanding the absence of any dispute. The House considered the nature of the threat required to establish a defence of duress.
Lord Wright observed that the . .
Cited – Universe Tankships Inc of Monrovia v International Transport Workers Federation HL 1-Apr-1981
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under . .
Cited – DSND Subsea Ltd v Petroleum Geo Services Asa TCC 28-Jul-2000
Dyson J set out the principles applicable in establishing a pleading of commercial duress:
(i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant . .
Cited – Dimskal Shipping Co SA v International Transport Workers Federation (‘The Evia Luck’) HL 1991
The Plaintiff shipowners had been induced by industrial action against a vessel in Sweden, which actions would be lawful under Swedish law, to undertake to enter into written agreements with the ITF under which, inter alia, more generous agreements . .
Cited – CTN Cash and Carry v Gallaher CA 15-Feb-1993
The buyer paid a sum demanded by the seller who threatened otherwise to withdraw the credit facilities it provided to the buyer. The sum was not in fact due, but the demand had been made honestly. The buyer said the agreement was voidable for . .
Cited – Adam Opel Gmbh and Another v Mitras Automotive (UK) Ltd QBD 18-Dec-2007
The parties had agreed for the supply of automotive parts by the defendant to the claimant under a sole supply arrangement. None were in fact ordered for the first few years. The manufacturer then changed its design and made a new arrangement with a . .
Mentioned – Carillion Construction Ltd v Felix (UK) Ltd 2001
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 10 November 2022; Ref: scu.451393

British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others: ChD 7 Oct 2011

The parties now disputed whether they had reached a binding agreement settling the principal dispute, which was as to the alleged misuse of confidential information from its customer database. The defendants sought a stay. The claimants said that any agreement was only subject to contract.
Held: No binding settlement had been reached. The defendant was refused the stay requested.

Judges:

Arnold J

Citations:

[2011] EWHC 2636 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 27-Oct-2011
The claimants sought summary judgment in their action against the defendants for misuse of confidential information from their customer database.
Held: Summary judgment was granted agains the personal defendants. The two companies and . .
See Also – British Sky Broadcasting Group Plc v Digital Satellite Warranty Cover Ltd and Others ChD 1-Oct-2012
The claimants alleged misuse by the defendant companies of confidential information taken from its customer database.
Held: The claims failed. . .
See Also – British Sky Broadcasting Group Plc and Others v Digital Satellite Warranty Cover Ltd and Others ChD 19-Dec-2012
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract

Updated: 10 November 2022; Ref: scu.447517

Cargill International Sa, Geneva Branch Cargill (Hk) Limited v Bangladesh Sugar and Food Industries Corporation: CA 19 Nov 1997

Bond money which had been paid under a performance bond was repayable where there was a real breach of contract but no loss had suffered.

Citations:

Times 10-Dec-1997, [1998] CLC 399, [1997] EWCA Civ 2757, [1998] 2 All ER 406, [1998] 1 WLR 461

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 10 November 2022; Ref: scu.143156

Binning Bros Limited (In Liquidation) v Thomas Eggar Verrall Bowles (a Firm): CA 11 Nov 1997

Citations:

[1997] EWCA Civ 2688, [1998] 1 All ER 409

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kleinwort Benson Ltd v Barbrack Ltd HL 1987
A two-stage test is to be applied by a court, first ascertaining if there are good reasons for extending time and second weighing all relevant factors and balancing the hardship between the parties before deciding whether the writ should be extended . .
Lists of cited by and citing cases may be incomplete.

Trusts, Limitation, Contract

Updated: 10 November 2022; Ref: scu.143087

Airey v Computer Services: CA 14 Nov 1997

The claimant had approached the defendant to have his computer repaired. The repair was unsuccessful. The claimant sought return of the computer, The defendant agreed provided a contribution was paid of pounds 29.00. The claim failed, but the judge had made no note of his findings.

Judges:

Evans LJ, Wilson J

Citations:

[1997] EWCA Civ 2724

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Airey v Computer Services CA 28-Feb-1997
Application for leave to appeal. . .
See Also – Airey v Computer Services CA 18-Apr-1997
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 November 2022; Ref: scu.143123

Scottish Power Plc v Britoil (Exploration) Limited: CA 18 Nov 1997

Five contracts existed regarding sale of natural gas from a field in the North Sea. The parties disputed whether the terms prevented the sale of gas to others.
Held: ‘On the language of the contract, the Sellers are not entitled to sell gas to third parties save and to the extent that the Buyer has failed to take delivery of gas nominated by the Buyer in accordance with the contractual terms. I do not consider that surrounding circumstances, such as the fact that the Sellers may have to limit oil production in order to comply with the choice which they have given to the Buyer as to the rate of delivery of gas, is sufficient to rebut that conclusion.’ The construction of a contract by reference to the factual background is to be limited to facts which both parties knew each would have in mind when entering into the contract.

Judges:

Staughton LJ, Otton LJ, Robert Walker LJ

Citations:

Gazette 10-Dec-1997, Times 02-Dec-1997, [1997] EWCA Civ 2752

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Charrington and Co Ltd v Wooler HL 1914
The court is entitled to know the surrounding circumstances which prevailed when the contract was made. A contract is not to be construed in a vacuum. The term ‘market’ did not have a ‘fixed legal significance’ .
Lord Dunedin said: ‘in order to . .
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 – Youell and Others v Bland Welch and Co Ltd and Others CA 1992
The court considered whether an underwiter’s slip was admissible when construing the policy which followed.
Held: Staughton LJ said: ‘It is now, in my view, somewhat old-fashioned to approach such a problem armed with the parol evidence rule, . .
Cited – New Hampshire Insurance Co and Others v MGN Ltd and Others (No 1) CA 15-Jun-1995
A court should not hear evidence of a common undisclosed intent to construe a written contract. . .
Cited – National Bank of Sharjah v Dellborg and Others CA 9-Jul-1997
The parties disputed the meaning of a Tomlin order to which they had agreed.
Held: Saville LJ said ‘if the circumstances surrounding the making of the agreement showed to a reasonable man that to read paragraph 8 as covering only the amounts . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 November 2022; Ref: scu.89068

Total Transport Corporation v Arcadia Petroleum Ltd (‘the Eurus’): CA 18 Nov 1997

Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been reversed, and they now appealed against that order. The parties disputed whether the amount was an award of damages or technically a debt.
Held: A clause allowing recovery of losses ‘due to failure to comply with charterer’s voyage instructions’ did not cover losses not contemplated. The word ‘indemnity’ can have two meanings.

Judges:

Staughton, Auld LJJ, Sir John Balcombe

Citations:

Times 16-Dec-1997, Gazette 08-Jan-1998, [1997] EWCA Civ 2754, [1998] 1 Lloyds Rep 351, [1998] CLC 90

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Royal Greek Government v Minister of Transport (The Ann Stathatos) 1949
The ship had been chartered, but the crew refused to sail without an escort, in war conditions. The charterer sought to be excused liability under a clause making allowance for ‘insufficiency of crew’.
Held: The presumption against surplusage . .
Cited – Novorossisk Shipping Co v Neopetro Co Ltd ChD 1990
. .
Cited – Momm v Barclays Bank International Ltd ComC 1977
The court considered the situation arising where there had been a payment from one customer’s account to another customer’s account within the same bank, and then reversed.
Held: The bank had until the end of the value date to decide whether . .
Cited – A/B Helsingfors Steamship Co Ltd v Rederiaktiebolaget Rex (The White Rose) 1969
A Finnish vessel had been ordered to load in Duluth, Minnesota, where Mr de Chambeau, an employee of charterers’ stevedores was injured while on board. He had left his proper place for purposes unconnected with his work, but owners were liable to . .
Cited – Harrison v Wright 11-Feb-1811
In assumpsit upon a memorandum for a charter-party, describing the agreement of the defendant, the shipowner, to proceed with all convenient speed to a foreign port, and there load, within 20 running days, a cargo from the plaintiff’s factors, and . .
Cited – Chandris v Isbrandtsen-Moller Co Inc CA 1950
The court considered whether an arbitrator could award interest in circumstances where section 3 of the 1934 Act expressly conferred such a power on ‘the court’ in proceedings tried in a ‘court of record’.
Held: Although section 3(1) of the . .
Cited – Mediterranean Freight Services Ltd v BP Oil International Ltd (The Fiona) CA 27-Jul-1994
A ship owner is to have made his ship seaworthy in order to claim an indemnity for dangerous fuel set alight by a third party. He was not entitled to claim where the failure to keep the ship seaworthy was his own.
Hirst LJ said: ‘The inclusion . .
Cited – Tor Line AB v Alltrans Group of Canada (The ‘TFL Prosperity’) HL 1984
A roll-on roll-off liner tendered under a charter party did not conform to the description in the contract and the owners relied on a widely drawn exclusion clause.
Held: The owners’ argument failed. A literal interpretation would have . .
Cited – Louis Dreyfus and Co v Parnaso cia Naviera SA (‘The Dominator’) 1959
The court considered whether it could look to a deleted clause to assist in its interpretation of the contract.
Held: The use of a word or phrase in the deleted part of a standard form clause may throw light on the meaning of the same word or . .
Cited – Yorkshire Dale Steamship Co Ltd v Minister of War Transport HL 1942
Treatment of Merchant as War Vessel
The House considered when a merchant vessel may be treated on the same footing as a war vessel and be deemed to be engaged on a warlike operation.
Held: This depended on the nature of the cargo and the voyage: ‘She was then in the act of . .
Cited – The Walumba (Owners) v Australian Coastal Shipping Commission 1965
(High Court of Australia) Instead of rescuing the vessel, she had been despatched to recover, the Walumba tug herself came into peril, and was salved by a pilot boat.
Held: The pilot boat was to be awarded pounds 10,000 for its services. A . .
Cited – Philco Radio v Spurling 1949
. .
Cited – Australian Coastal Shipping Commission v Green CA 1971
Because time begins to run from the date when a cause of action arises, it is necessary to consider what is the nature of an action for general average contribution.
Lord Denning MR said: ‘We so rarely have to consider the law of general . .

Cited by:

Cited – Petroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’) SC 2-May-2012
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The . .
Lists of cited by and citing cases may be incomplete.

Transport, Contract

Updated: 10 November 2022; Ref: scu.89926

Kilmer v The British Columbia Orchard Lands Limited: PC 26 Feb 1913

British Columbia

Judges:

Lord Moulton

Citations:

[1913] UKPC 10

Links:

Bailii

Jurisdiction:

Canada

Citing:

Approved – In re Dagenham (Thames) Dock Co; Ex parte Hulse CA 1873
The Court of Appeal in chancery heard an appeal from the Master of the Rolls from his refusal of the Master of the Rolls to make a declaration in the winding up of the purchaser company. The purchaser had sought a direction that if the balance of . .

Cited by:

Cited – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.

Contract, Equity

Updated: 09 November 2022; Ref: scu.467453

Cavendish Square Holdings Bv and Another v El Makdessi: ComC 14 Dec 2012

The parties disputed whether clauses in a share sale agreement between them amounted to a penalty and as such were rendered unenforeable.
Held: Burton J felt able to escape those constraints, and concluded that the two provisions were valid and enforceable.

Judges:

Burton J

Citations:

[2012] EWHC 3582 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd HL 1-Jul-1914
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, . .
Cited – Lordsvale Finance Plc v Bank of Zambia QBD 20-Mar-1996
The court looked at a facility agreement opened by a bank in favour of the defendant which provided that in the event of default the defendant should pay interest during the period of default at an aggregate rate equal to the cost to the bank of . .

Cited by:

Cited – El Makdessi v Cavendish Square Holdings Bv and Another CA 26-Nov-2013
The appellants had agreed for the sale of his company by way of a share sale agreement. The price to be paid was to vary accoriding to the operating profits. A large part of the price reflected goodwill. The agreement contained a clause providing . .
Cited – Parkingeye Ltd v Beavis CA 23-Apr-2015
The appellant had overstayed the permitted period of free parking in a retail park by nearly an hour. The parking was managed by the respondent who had imposed a charge of 85.00 pounds. The judge had found that the appellant was in breach of a . .
See Also – Makdessi v Cavendish Square Holdings Bv and Another (Commital) CA 26-Nov-2013
Appeal against permission to apply to commit the applicant for alleged contempt. . .
See Also – El Makdessi v Cavendish Square Holdings Bv and Another CA 26-Nov-2013
The appellants had agreed for the sale of his company by way of a share sale agreement. The price to be paid was to vary accoriding to the operating profits. A large part of the price reflected goodwill. The agreement contained a clause providing . .
See Also – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
See Also – Cavendish Square Holdings Bv and Another v El Makdessi ComC 18-Dec-2012
Consequential matters – application for committal for contempt. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 November 2022; Ref: scu.467263

Bunge Sa v Kyla Shipping Company Ltd: ComC 10 Dec 2012

Judges:

Flaux J

Citations:

[2012] EWHC 3522 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bank Line Ltd v Arthur Capel and Co HL 12-Dec-1918
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The . .

Cited by:

Appeal from – Kyla Shipping Company Ltd v Bunge Sa CA 20-Jun-2013
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 09 November 2022; Ref: scu.467262

Templeton Insurance Ltd and Another v Brunswick and Others: ChD 31 May 2012

Templeton Insurance Limited and Knox D’Arcy Operations Limited claim against the defendant for allegedly dishonest breaches of contractual obligations and of fiduciary duties, which breaches are alleged to be fraudulent or to constitute fraudulent breaches of trust on his part.

Judges:

Simon Barker C HHJ

Citations:

[2012] EWHC 1522 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Trusts, Contract

Updated: 09 November 2022; Ref: scu.466273

The Countess of Rutlands Case: 1669

Citations:

[1669] EngR 523, (1669) Noy 52, (1669) 74 ER 1021 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – The Countess of Rutland’s Case 1572
. .
See Also – Countess of Rutland’s Case 1604
Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the . .
See Also – Elizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 November 2022; Ref: scu.407363

Elizabeth Countess of Rutland v Isabel Countess of Rutland: 1653

Citations:

[1653] EngR 677, (1653) Cro Eliz 377, (1653) 78 ER 624 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – The Countess of Rutland’s Case 1572
. .
See Also – Countess of Rutland’s Case 1604
Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the . .
See Also – Countess of Rutland’s Case 1604
Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the . .

Cited by:

See Also – The Countess of Rutlands Case 1669
. .
See Also – The Countess of Rutland’s Case 1793
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 November 2022; Ref: scu.412984

In re Hewer: 1882

A true copy of a document was provided, but it was said that it could not be a true copy for an error as to the description of monthly payments.
Held: Bacon CJ said that a true copy did not necessarily need to be an exact copy: ‘but that it shall be so true that nobody reading it can by any possibility misunderstand it.’ This was ‘as purely a clerical error as can be imagined.’

Judges:

Bacon CJ

Citations:

(1882) 21 ChD 871

Statutes:

Bills of Sale Act 1878

Jurisdiction:

England and Wales

Cited by:

Cited – Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009
(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client.
Held: The court set out to give . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 November 2022; Ref: scu.384474

Warmingtons v McMurray: 1936

The rule that a solicitor conducting litigation for a client has an entire contract and that he must fulfil it before being entitled to payment is part of the general law of contract. Where there is an entire consideration there must be entire performance to entitle the plaintiff to remuneration. Goddard J added ‘If however a client does not perform his part of a bargain, that would discharge the solicitor and he may then sue on a quantum merit.’ He instanced a case where the client failed to put the solicitor in funds for counsel’s fees and other disbursements.

Judges:

Goddard J

Citations:

[1936] 2 All ER 745

Jurisdiction:

England and Wales

Cited by:

Cited – Richard Buxton (Solicitors) v Mills-Owens QBD 28-Jul-2008
The solicitors appealed against refusal of their costs. They had begun to act but withdrawn part way through the case. The costs judge had said that they had been wrong to do so. Though the client’s instructions would be disastrous, they were not . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Contract

Updated: 09 November 2022; Ref: scu.375582

“The Alev”: 1989

The plaintiffs had chartered a vessel to hirers to carry the defendants goods. The hirers defaulted and the plaintiffs were in turn obliged to carry the goods but at extra costs which they passed on to the defendants who agreed to pay extra costs and not to detain or arrest the vessel while in port. This agreement was secured through threats, including a statement that unless the defendants paid the extra costs they would not get their cargo. When the ship was in port and had commenced unloading the defendants ignored the agreement and arrested the ship. They pleaded duress to any breach of contract and claimed damages.
Held: The agreement had been made under economic duress. The plaintiffs had issued an unlawful threat against the goods, and they knew that, since they were legally obliged to carry the cargo, even if at a loss of profit to themselves, such a threat would be unlawful.

Citations:

[1989] 1 Lloyds Rep 138

Jurisdiction:

England and Wales

Contract

Updated: 09 November 2022; Ref: scu.372853

Taylor v Great Eastern Railway Company: 1901

The section provided that: ‘A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.’
Held: Bigham J said of a contract which failed to meet the requirement: ‘The contract is good. The only effect of the non-fulfilment of the statutory conditions is that it is unenforceable. And, the contract being good, all the legal consequences of a contract follow; so that, if the contract is for the sale of specific goods, the property in the goods passes to the buyer.’

Judges:

Bigham J

Citations:

[1901] 1 KB 774

Statutes:

Sale of Goods Act 1893 4(1)

Jurisdiction:

England and Wales

Cited by:

Cited – McGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 09 November 2022; Ref: scu.375744

Townsend v Jarman: 1900

A partner gave a covenant not to carry on the business of a corn, seed or manure merchant or nurseryman within a distance of 40 miles from Chard. The partners sold the business to a company, of which they remained directors. It was wound up, and the goodwill sold to Mr Townsend.
Held: The benefit of the restrictive covenant passed as incident to the goodwill. Where there is a sale of the goodwill of a business, an assignment of a restrictive covenant will be implied, if it is not expressly excluded.

Judges:

Farwell J

Citations:

[1900] 2 Ch 698

Jurisdiction:

England and Wales

Cited by:

Cited – New ISG Ltd v Vernon and others ChD 14-Nov-2007
The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their . .
Lists of cited by and citing cases may be incomplete.

Company, Contract

Updated: 09 November 2022; Ref: scu.304583

Rhodia International Holdings Ltd and Another v Huntsman International: CA 11 Jun 2007

There was a challenge to the validity of a sale and purchase agreement which included an assignment of a contract which would require novation.
Held: A long standing acquiesecence in one breach of the contract did not amount to a grant pf prior consent to a later assignment.

Judges:

Ward LJ, Moore-Bick J

Citations:

[2007] EWCA Civ 621

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hyde v Pimley CA 1952
The court drew a distinction between prior consent to a breach of contract and waiver or forbearance. Sir Raymond Evershed MR said: ‘The learned judge was of opinion that consent to the commission of a particular act was not the same thing as . .
Cited – Hendry v Chartsearch Ltd CA 16-Sep-1998
An assignment of the benefit of a contract without the consent of the contractor and in breach of contract was effective between assignor and assignee but not as against the original contract other party.
The modern practice for the allowing of . .
Cited – Enrico Furst and Co v W E Fischer Limited 1960
Diplock J discussed the effect of a waiver: ‘Waiver does not vary the terms of the contract . . Waiver is conduct on the part of a party to a contract which affects his remedies for a breach of contract by the other party.’ . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 November 2022; Ref: scu.253747

Clarke and Clarke v O’Keefe and O’Keefe: CA 21 Oct 1997

The plaintiff had bought from the vendor a piece of land, bordering a field retained by him. The conveyance plan showed a vegetation boundary with a dotted line, but its precise position on the ground was unclear to them both. Accordingly, they went out together and staked out the boundary. A subsequent purchaser of the field sought to challenge the agreed line, on the basis that it conflicted with the plan attached to the conveyance.
Held: The argument was rejected. Peter Gibson LJ: ‘I have to say that it would seem to me to be somewhat absurd, in a case where there is no verbal description of the land such as would serve to identify its boundary accurately and where the plan is imprecise in showing the boundary as following a vegetation line in 1977, and where both vendor and purchasers agree its exact position, if the court were then to shut its eyes to evidence of what they agreed was the true boundary.’

Judges:

Peter Gibson LJ

Citations:

[1997] EWCA Civ 2539, (1997) 80 P and CR 126

Jurisdiction:

England and Wales

Citing:

Cited – Kingston v Phillips CA 1976
The court was asked to construe a parcels clause in a transfer: ‘It will be observed that the parcels as there set out are really almost devoid of any particularity; all that is said about the property conveyed is that it is part of the Chicklade . .
Cited – Scarfe v Adams CA 1981
Transfer deeds for a sale of land did not define the boundary but referred to a plan which was held to be too small to show a precise boundary. The only other element of the parcels clause was that it was land adjoining Pyle Manor and that it was . .

Cited by:

Cited – Ali v Lane and Another CA 21-Nov-2006
The parties disputed the boundary between their neighbouring plots of land.
Held: In the modern law the conveyance (parchment or not) is undoubtedly the starting point. Where information contained in the conveyance is unclear or ambiguous, it . .
Cited – Piper and Another v Wakeford and Another CA 17-Dec-2008
The parties disputed the boundary between their land.
Held: The judge had been entitled to rely on the evidence he had accepted, and had been entitled to find on the factual basis asserted. . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 09 November 2022; Ref: scu.142937

Di Luca v Juraise (Springs) Limited; Amess and Amess: CA 6 Oct 1997

In regard to options for the purchase of land, time constraints are of the essence. An option is not a contract but an irrevocable offer that matures into a bilateral contract upon due exercise of the option during the option term

Judges:

Nourse LJ

Citations:

[1997] EWCA Civ 2419, [1998] 2 EGLR 125

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Lord Ranelagh v Melton 1864
The tenants were given an option in the lease to purchase the freehold: ‘if . . the lessees . . should give three months notice . . and should at the expiration of such notice pay . .’,
Held: Time was of the essence: ‘I apprehend the rule of . .
Cited – Dibbins v Dibbins 1896
A partnership deed provided an option for a surviving partner to purchase a deceased’s partner’s share upon giving notice within three months of the death. The partner who survived was not of sound mind, but his solicitor gave timely notice, later . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 09 November 2022; Ref: scu.142817

Electro Hydraulic Technology Limited v Husco International Inc and Husco International Limited: CA 3 Oct 1997

The parties were in dispute as to an agreement relating to the development and exploitation of an electronically controlled high-performance valve known as a Linear Motor Valve, for use in hydraulic suspension systems in the automotive industry.

Judges:

Kennedy, Potter, Mance LJJ

Citations:

[1998] 1 All ER 403, [1997] EWCA Civ 2409

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 09 November 2022; Ref: scu.142807

British Sugar Plc v NEI Power Projects Limited and Anr: CA 8 Oct 1997

The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be limited to the value of the contract.
Held: The appeal failed. The cases had already settled the meaning of the phrase ‘consequential loss’ and ‘once a phrase has been authoritatively construed by a court in a very similar context to that which exists in the case in point, it seems to me that a reasonable businessman must more naturally be taken to be having the intention that the phrase should bear the same meaning as construed in the case in point. It would again take very clear words to allow a court to construe the phrase differently.’ In this case: ‘the parties simply agreed to limit the defendants’ liability for loss and damage not directly and naturally resulting from the defendants’ breach of contract to an amount equal to the value of the contract. ‘

Judges:

Evans LJ, Aldous LJ, Waller LJ

Citations:

(1998) 14 Const LJ 365, (1998) 14 Const LJ 365, [1997] EWCA Civ 2438, [1998] ITCLR 125, (1997) 87 BLR 45, [1997-98] Info TLR 353

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – British Sugar Plc v NEI Power Projects Ltd and Another QBD 21-Feb-1997
The parties had contracted for the design delivery and installation of electrical equipment. The claimant said that the defects in it led to losses. The defendant said that they were not liable for the losses which were consequentional and excluded . .
Cited – Millar’s Machinery Co Ltd v David Way and Son CA 1935
The contract provided that the seller would make good certain defects in workmanship, but the sellers stated: ‘We do not give any other guarantee and we do not accept responsibility for consequential damages.’
Held: The purchaser recovered the . .
Cited – Saint Line Limited v Richardsons Westgarth and Co. 1940
A clause excluding liability for ‘any indirect or consequential damages or claims whatsoever’. A claim was made for for loss of profit.
Held: ‘What does one mean by ‘direct damage’? Direct damage is that which flows naturally from the breach . .
Cited – Croudace Construction Limited v Cawoods CA 1978
A clause in a contract provided that: ‘We are not under any circumstances to be liable for any consequential loss or damage caused or arising by reason of late supply or any fault, failure or defect in any material or goods supplied by us or by . .

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 09 November 2022; Ref: scu.142836

Wire TV Limited v Cabletel (UK) Limited: CA 30 Jul 1997

When construing an agreement which is not a sham, the court should recognise that the parties might have a choice as to how a contract is structured and pay appropriate respect to the structure adopted by the parties.

Judges:

Lightman J

Citations:

[1997] EWCA Civ 2251, [1998] CLC 244

Jurisdiction:

England and Wales

Cited by:

Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 November 2022; Ref: scu.142648

Davies Middleton and Davies Ltd v Toyo Engineering Corporation: CA 29 Aug 1997

Parties to a dispute agreed a way of resolving issues before arbitration. One party then sought to say that the agreement was void for uncertainty, being an agreement to agree.
Held: The agreement merely set a mechansim for resolving the dispute and was valid.

Citations:

[1997] EWCA Civ 2318

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Citing:

Cited – Didymi Corporation v Atlantic Lines and Navigation Co Inc ‘The Didymi’ CA 1988
A contract contained a clause covering the rate of hire of a 5 year time charter: ’30(1) The … speed and fuel consumption of the vessel as stipulated in this charter-party are representations by the owners. Should the actual performance of the . .
Cited – A and B v D and C CA 1989
The phrase ‘may arise in connection with this agreement’ covered a dispute as to inspection and repair work carried out under a contract with no arbitration clause which related to the supply of a liquified gas plant pursuant to a different contract . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 09 November 2022; Ref: scu.142716

King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property.
Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. ‘The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s ‘right to occupy’ immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been.’

Citations:

[1997] EWCA Civ 2118, [1998] 1 EGLR 30

Statutes:

Law of Property (Miscellaneous Provisions) Act 1989 2, Housing Act 1988 27 28

Jurisdiction:

England and Wales

Citing:

Cited – Fenner v Blake 1900
The tenant told the landlord that he wanted to vacate the premises midway during the tenancy. Relying on the oral representation, the landlord sold the premises to a third party. The tenant subsequently refused to vacate the premises and claimed . .
Cited – Elsden v Pick CA 1980
Waiver or estoppel preventing reliance upon terms of lease. The court upheld an agreement between parties to waive the strict requirements of a notice after it had been served, . .
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.
Cited – Pittalis v Grant CA 1989
A point was raised for the first time on appeal.
Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where . .
Cited – Melville v Bruton CA 29-Mar-1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as . .
Cited – Tagro v Cafanec CA 1991
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no . .
Cited – Jones and Lee v Miah and Another CA 9-Sep-1992
The landlord should be deemed to have been in possession of the land when calculating damages for unlawful eviction. The measure of damages ‘represents the financial advantage which the landlord has gained . . . and of which it is the purpose of . .

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, Landlord and Tenant, Damages

Updated: 09 November 2022; Ref: scu.142515

Bailey and Another v Graham (Aka ‘Levi Roots’) and Others: CA 16 Nov 2012

The claimants asserted an interest under contract and confidence in respect of a Jamaican sauce which had been successfully taken to market by the defendant. They now appealed against rejection of the claim.

Citations:

[2012] EWCA Civ 1469

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Bailey and Another v Graham and Others ChD 25-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

Contract, Intellectual Property

Updated: 06 November 2022; Ref: scu.465832

Ross River Ltd and Another v Waverly Commercial Ltd and Another: ChD 9 Oct 2012

Judges:

Morgan J

Citations:

[2012] EWHC 3006 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – 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. . .
See Also – Ross River Ltd and Another v Waveley Commercial Ltd and Others ChD 6-Sep-2012
. .

Cited by:

See Also – 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, Costs

Updated: 06 November 2022; Ref: scu.465529

The Countess of Rutland’s Case: 1793

Citations:

[1793] EngR 1092, (1793) 1 Lev 107, (1793) 83 ER 321 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – The Countess of Rutland’s Case 1572
. .
See Also – Countess of Rutland’s Case 1604
Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the . .
See Also – Elizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 November 2022; Ref: scu.357679

Airey v Computer Services: CA 18 Apr 1997

Citations:

[1997] EWCA Civ 1450

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Airey v Computer Services CA 28-Feb-1997
Application for leave to appeal. . .

Cited by:

See Also – Airey v Computer Services CA 14-Nov-1997
The claimant had approached the defendant to have his computer repaired. The repair was unsuccessful. The claimant sought return of the computer, The defendant agreed provided a contribution was paid of pounds 29.00. The claim failed, but the judge . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 06 November 2022; Ref: scu.141846

Laceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another: CA 18 Apr 1997

The defendant’s driver had taken a consignment of shoes to Spain, where they were stolen. The plaintiff alleged his gross negligence amounted to ‘wilful misconduct’ so as to disapply an exemption clause.
Held: Whether a bailee’s acts constituted wilful misconduct is dependent upon the standard ordinarily expected from someone in that position. Here the judge was entitled to find wilful misconduct on the driver’s part. The broker had been liable to insure the goods and the liability was not limited by the convention.
Beldam LJ said: ‘Further a person could be said to act with reckless carelessness towards goods in his care if, aware of the risk that they may be lost or damaged, he nevertheless deliberately goes ahead and takes the risk, when it is unreasonable in all the circumstances for him to do so.’
Brooke LJ discussed the burden of proof in such a case, saying that the trial judge: ‘should also have directed himself that since a charge of wilful misconduct was a serious charge to make, the evidence ought to have satisfied the degree of probability appropriate to the seriousness of the charge before it was appropriate to find it proved.’

Judges:

Beldam LJ, Brooke LJ

Citations:

Times 12-May-1997, [1997] 2 LL Rep 369, [1997] EWCA Civ 1454

Jurisdiction:

England and Wales

Citing:

Cited – Sheffield v Pickfords Limited and Pickfords Removals Limited CA 11-Feb-1997
The defendants had contracted to transport goods for the plaintiff. The goods had been left at empty premises and were damaged or stolen. The defendant sought to rely upon their clause excluding liability.
Held: The reasonableness of a . .
Cited – Graham v Belfast and Northern Counties Railway Co 1901
The court had to construe the phrase ‘wilful misconduct’.
Held: ‘Wilful misconduct in such a special condition means misconduct to which the will is party as contradistinguished from accident, and is far beyond any negligence, even gross or . .
Cited – Forder v Great Western Railway Company 1905
The court construed the phrase ‘wilful misconduct’.
Held: The court adopted the definition given in Graham, Lord Alverstone CJ adding: ‘The addition which I would suggest is, ‘or acts with reckless carelessness, not caring what the results of . .
Cited – Jones v Mrtin Bencher Ltd 1986
A deliberate disregard by a driver of EEC Regulations which govern the length of time that it was permissible for him to drive without a break amounted to ‘wilful misconduct’ when he fell asleep at the wheel and the goods he was carrying were . .
Cited – Circle Freight International Ltd v Medeast Gulf Imports Ltd CA 1988
The court considered the effect of a driver’s behaviour on the ability to claim under his insurance policy, on the basis that his behaviour would constitute ‘wilful misconduct’. Taylor LJ: ‘Mr Malins has sought to argue that although Huggins (the . .
Cited – Texas Instruments Ltd v Nason (Europe) Ltd 1991
A carrier, knowing of the high risk of theft from the area, left a trailer unattended in a car park in east London. His behaviour was held to be wilful misconduct allowing the insurance policy to be ineffective. . .
Cited – Keeton Sons and Co Ltd v Carl Prior Ltd CA 14-Mar-1985
The test of whether a clause has been incorporated into a contract is ‘Has reasonable notice of the terms been given?’. . .

Cited by:

Cited – TNT Global Spa and Another v Denfleet International Ltd and Another CA 2-May-2007
The driver of a lorry carrying the claimant’s goods was said to have fallen asleep at the wheel, and the cargo damaged in the accident. The carrier appealed a finding of liability for wilful misconduct.
Held: ‘I am unable to accept that mere . .
Cited – Scheps v Fine Art Logistic Ltd QBD 16-Mar-2007
The claimant bought fine art sculptures by Anish Kapoor at auction. They were stored by the defendant who when called upon to deliver them, said they had possibly been thrown away as rubbish. The defendant sought to limit its liability to the sum . .
Lists of cited by and citing cases may be incomplete.

Negligence, Contract, Agency

Updated: 06 November 2022; Ref: scu.141850

Colin Facey Boats Limited v A Pank and Sons Limited and Another: CA 21 Mar 1997

The defendant had been engaged to carry out a re-wiring exercise. It was not a straightforward matter. He sub-contracted it to the second defendant who carried it out negligently, and a substantial fire resulted.
Held: The appeal failed. The defendant was under a duty to select a suitably skilled sub-contractor. He had failed to do so and was himself liable.
Otton LJ said: ‘In the course of argument Mr Richard Davies QC, for the appellants, expressed anxiety lest the outcome of this appeal might be understood to mean that a person, when recommending another as an independent or sub-contractor, guarantees or warrants the performance of the recommended contractor. To allay that anxiety, and for the avoidance of doubt, this decision should not be so construed. If this were so, it would have dire consequences in the construction industry, where, for example, main contractors frequently nominate (i.e. recommend) sub-contractors. In the absence of a contractual term to that effect, main contractors are not insurers of their nominated sub-contractors’ performance at the suit of the employer or other nominated sub-contractors.’

Judges:

Beldam, Otton LJJ, Sict Christopher Slade

Citations:

[1997] EWCA Civ 1299

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Negligence

Updated: 06 November 2022; Ref: scu.141695

Egan v Motor Services (Bath) Ltd: CA 18 Oct 2007

The claimant bought an Audi car from new. He sought to reject it, but now appealed a finding that there was nothing wrong with it. He had said that it pulled to the left. The defendant’s tests showed no such tendency. His own independent test supported his assertion, saying it was uncharacteristic and unacceptable. The defendant said it drifted only with the camber.
Held: The appeal failed. The judge made conflicting assertions about the car’s behaviour, but he had been entitled to find, as he did, that the appellant had not shown that the rear wheel alignment was probably out of specification at the time of rejection. The court deprecated the practice of parties writing to the judge requesting him to amend significant points in a draft judgment. The court also noted also that the parties had spent some pounds 100,000 disputing a claim worth about pounds 6,000, and ‘regarded them, one or other, if not both, of them, as ‘completely cuckoo’ to have engaged in such expensive litigation with so little at stake.’
Where the judge sent out a draft of his proposed judgment it was inappropriate for the parties to seek to re-argue their case in answer.

Judges:

Ward LJ, Arden LJ, Smith LJ

Citations:

[2007] EWCA Civ 1002, [2008] 1 All ER 1156, [2008] 1 WLR 1589, [2008] 1 FLR 1294, (2007) 151 SJLB 1364

Links:

Bailii

Statutes:

Sale of Goods Act 1979 49

Jurisdiction:

England and Wales

Cited by:

Cited – Sanderson v Hull CA 5-Nov-2008
Insufficient proof of cause of infection
The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The . .
Cited – Sheikh and Another v Dogan and Others ChD 17-Nov-2009
The judge had reserved his judgment, but had since received further voluminous representations from a party.
Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 06 November 2022; Ref: scu.259915

Ross River Ltd and Another v Waveley Commercial Ltd and Others: ChD 6 Sep 2012

Judges:

Morgan J

Citations:

[2012] EWHC 2487 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – 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. . .

Cited by:

See Also – Ross River Ltd and Another v Waverly Commercial Ltd and Another ChD 9-Oct-2012
. .
See Also – 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: 05 November 2022; Ref: scu.464605

Total Liban Sal v Vitol Energy Sa: ComC 28 May 1999

The court was asked: ‘If A breaches its contract with B, so as to result in B being liable to C, does B have any claim for substantial damages against A (or is B entitled to equivalent declaratory relief) prior to B discharging its liability to C by payment?’

Judges:

Peter Gross QC

Citations:

[1999] EWHC B1 (Comm), [2000] 3 WLR 1142

Links:

Bailii

Contract

Updated: 05 November 2022; Ref: scu.464593

FG Wilson (Engineering) Ltd v John Holt and Company (Liverpool) Ltd: ComC 5 Sep 2012

Judges:

Popplewell J

Citations:

[2012] EWHC 2477 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At ComC – Caterpillar (NI) Ltd v John Holt and Company (Liverpool) Ltd CA 13-Jun-2013
Series of applications in relation to a pending appeal . .
At ComC – Caterpillar (NI) Ltd v John Holt and Company (Liverpool) Ltd CA 17-Oct-2013
The defendant (Holt) appealed against the grant of summary judgement given against it in a claim for non-payment of sums due under a distributorship agreement with the claimants. Goods had been agreed to be sold and were delivered by F G Wilson to . .
Cited – PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another (Res Cogitans) ComC 14-Jul-2015
The OW Bunker Group had gone into insolvency. Purchasers from them were no concerned at the possibility, under the industry standard tersm, of having to pay twice.
Held: The owners’ appeal from the arbitration award failed.
The court . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 November 2022; Ref: scu.464280

The Countess of Rutland’s Case: 1572

Citations:

[1572] EngR 422, (1572-1616) 5 Co Rep 42, (1572) 77 ER 119

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – Countess of Rutland’s Case 1604
Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the . .

Cited by:

See Also – Isabel Countess of Rutland’s Case 1572
. .
See Also – Countess of Rutland’s Case 1604
Popham CJ said: ‘it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the . .
See Also – Elizabeth Countess of Rutland v Isabel Countess of Rutland 1653
. .
See Also – The Countess of Rutlands Case 1669
. .
See Also – The Countess of Rutland’s Case 1793
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 November 2022; Ref: scu.432388

Savory and others v Morrison (T/A Park Home Estates): CA 23 Jul 2001

Members of a residential association on a mobile homes park complained that the owner had failed to comply with an obligation to ensure that other residents did not breach the rules of the park, and in particular that he had allowed six mobile home owners to keep dogs.

Citations:

[2001] EWCA Civ 1225

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Land

Updated: 05 November 2022; Ref: scu.249858

Arbuthnott v Fagan: CA 30 Jul 1993

The court considered the proper approach to construction of the terms in a contract. Sir Thomas Bingham MR said: ‘Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be informed of what may variously be described as the context, the background, the factual matrix or the mischief. To seek to construe any instrument in ignorance or disregard of the circumstances which give rise to it or the situation in which it is expected to take effect is in my view pedantic, sterile and productive of error. But that is not to say that an initial judgment of what an instrument was or should reasonably have been intended to achieve should be permitted to override the clear language of the instrument, since what an author says is usually the surest guide to what he means. To my mind construction is a composite exercise, neither uncompromisingly literal nor unswervingly purposive: the instrument must speak for itself, but it must do so in situ and not be transported to the laboratory for microscopic analysis.’
Steyn LJ: ‘I readily accept Mr Eder’s submission that the starting point of the process of interpretation must be the language of the contract. But Mr Eder went further and said that, if the meaning of the words is clear, as he submitted it is, the purpose of the contractual provisions cannot be allowed to influence the court’s interpretation. That involves the process of interpretation in the fashion of a black-letter man. The argument assumes that interpretation is a purely linguistic or semantic process until an ambiguity is revealed. That is wrong. Dictionaries never solve concrete problems of construction. The meaning of words cannot be ascertained divorced from their context. And part of the contextual scene is the purpose of the provision. In the field of statutory interpretation the speeches of the House of Lords in Attorney-General v. Prince Ernest of Hanover . . showed that the purpose of a statute, or part of a statute, is something to be taken into account in ascertaining the ordinary meaning of words in the statute: . . it is important to bear in mind that the purpose of the statute is a permissible aid at all stages in the process of interpretation. In this respect a similar approach is applicable to the interpretation of a contractual text. That is why in Reardon Smith Line Ltd v. Yngvar Hansen-Tangen . . Lord Wilberforce, speaking for the majority of their Lordships, made plain that in construing a commercial contract it is always right that the court should take into account the purpose of a contract and that presupposes an appreciation of the contextual scene of the contract.’

Judges:

Sir Thomas Bingham MR, Steyn LJ

Citations:

[1995] CLC 1396, [1996] 1 Lloyd’s Re Insurance Law Reports 135

Jurisdiction:

England and Wales

Citing:

See also – Arbuthnott v Fagan CA 11-Jul-1994
Evidence given to Lloyds loss review committee is discoverable despite rule. . .

Cited by:

See also – Arbuthnott v Fagan CA 11-Jul-1994
Evidence given to Lloyds loss review committee is discoverable despite rule. . .
Cited – Charter Reinsurance Co Ltd v Fagan and Others HL 24-May-1996
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made.
Held: The . .
Cited – Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd TCC 8-Jul-2004
The claim arose from works at a sewage plant carried out by the defendants and their sub-contractors. The plant failed to meet performance standards. It was suggested that the form of standard contract restricted the claimant’s ability to pursue a . .
Cited – Marley v Rawlings and Another SC 22-Jan-2014
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 November 2022; Ref: scu.211364

Petromec Inc v Petroleo Brasileiro Sa Petrobras, Braspetro Oil Services Company, Societa Armamento Navi Appoggio Spa, Den Norske Bank Asa: CA 17 Feb 2004

Judges:

Lord Justice Brooke

Citations:

[2004] EWCA (Civ) 156, [2004] 1 Lloyd’s Rep 629

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec Inc, Petro-Deep Inc, Maritima Petroleo E Engenharia Ltda QBD 2-Feb-2004
The parties entered into a complex group of inter-related contracts for the purpose of purchasing and upgrading an oil production platform for use by Petrobras in the South Marlim oilfield. At a very early stage it was agreed that the upgrade . .
See Also – Petromec Inc v Petroleo Brasileiro S A Petrobras and others ComC 18-Feb-2003
. .

Cited by:

See Also – Petromec Inc v Petroleo Brasileiro SA Petrobrasbraspetro Oil Services etc ComC 20-May-2004
. .
See Also – Petromec Inc Petro-Deep Inc and others v Petroleo Brasileiro Sa and others CA 15-Jul-2005
. .
See Also – Petroleo Brasileiro SA and Another v Petromec Inc and others ComC 3-Nov-2005
. .
See Also – Petromec Inc v Petroleo Brasiliero Sa Petrobras and Another ComC 16-Jun-2006
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras CA 19-Jul-2006
A Mr Efremovich, a third party to the action was ordered to pay the costs of Petrobras and Brasoil which on the failure of its claim against them had been ordered to be paid by Petromec. The judge found that Mr Efromovich controlled the proceedings . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others ComC 7-Dec-2006
. .
See Also – Petromec Inc v Petrobras ComC 11-May-2007
Defendant’s application for security for costs. . .
See Also – Petromec Inc v Etroleo Brasileiro Sa Petrobras and others ComC 6-Jul-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro SA Petrobras and others CA 21-Dec-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others CA 23-Jan-2008
Short order. . .
Lists of cited by and citing cases may be incomplete.

Contract, Transport

Updated: 05 November 2022; Ref: scu.193583

Emanuwa v National Lottery (Camelot): CA 28 Feb 1997

The plaintiff sought an extension of time to appeal dismissal of his claim. He asserted that the terms of the lottery tickets he had bought allowed him to use together the numbers on two tickets so as to claim the main lottery prize.
Held: It ‘is so completely obvious that the Plaintiff’s claim is bound to fail on construction grounds that it would be wrong to allow the case to continue. ‘

Citations:

[1997] EWCA Civ 1124

Jurisdiction:

England and Wales

Contract

Updated: 05 November 2022; Ref: scu.141520

Airey v Computer Services: CA 28 Feb 1997

Application for leave to appeal.

Judges:

Brooke, Waller LJJ

Citations:

[1997] EWCA Civ 1129

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Airey v Computer Services CA 18-Apr-1997
. .
See Also – Airey v Computer Services CA 14-Nov-1997
The claimant had approached the defendant to have his computer repaired. The repair was unsuccessful. The claimant sought return of the computer, The defendant agreed provided a contribution was paid of pounds 29.00. The claim failed, but the judge . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 November 2022; Ref: scu.141525

Sheffield v Pickfords Limited and Pickfords Removals Limited: CA 11 Feb 1997

The defendants had contracted to transport goods for the plaintiff. The goods had been left at empty premises and were damaged or stolen. The defendant sought to rely upon their clause excluding liability.
Held: The reasonableness of a standard contract term was best pleaded by the proponent of it. ‘There is much to be said in favour of a requirement that when a contractor such as the defendants seeks to rely on a contractual exemption clause against a consumer, he must include in his pleading at least a general averment that the term relied upon satisfies the requirement of reasonableness.’ and ‘the effect of Section 11(5) is to place the onus squarely on the defendants to show that they satisfy the requirement of reasonableness when it is relevant for them to do so. ‘

Judges:

The Master Of The Rolls, (Lord Woolf), Lord Justice Thorpe, Sir Ralph Gibson

Citations:

Times 17-Mar-1997, [1997] EWCA Civ 984

Statutes:

Unfair Contract Terms Act 1977 11(5)

Jurisdiction:

England and Wales

Cited by:

Cited – Laceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another CA 18-Apr-1997
The defendant’s driver had taken a consignment of shoes to Spain, where they were stolen. The plaintiff alleged his gross negligence amounted to ‘wilful misconduct’ so as to disapply an exemption clause.
Held: Whether a bailee’s acts . .
Lists of cited by and citing cases may be incomplete.

Contract, Consumer

Updated: 05 November 2022; Ref: scu.141380

Comdel Commodities Limited v Siporex Trade S a: CA 5 Feb 1997

Comdel sought recovery of sums due under a performance bond.
Held: Potter LJ discussed the authorities and said: ‘Those authorities are to the effect that it is implicit in the nature of a performance bond that, in the absence of some clear words to a different effect, when the bond is called, there will at some stage in the future be an ‘accounting’ between the parties to the contract of sale in the sense that their rights and obligations will finally be determined at some future date. The bond is a guarantee of due performance; it is not to be treated as representing a pre-estimate of the amount of damages to which the beneficiary may be entitled in respect of the breach of contract giving rise to the right to call for payment under the bond. If the amount of the bond is not enough to satisfy the seller’s claim for damages, the buyer is liable to the seller for damages in excess of the amount of the bond. On the other hand, if the amount of the bond is more than enough to satisfy the seller’s claim for damages, the buyer can recover from the seller the amount of the bond which exceeds the seller’s damages.
It does not appear that there is anything in the words of the contracts of sale in this case to exclude the implication that there would at some stage be an ‘accounting’ between the parties in the sense that their rights and obligations would be finally determined at some future date.’

Judges:

Butler-Sloss LJ, Peter Gibson LJ, Potter LJ

Citations:

[1997] EWCA Civ 925, [1997] 1 Lloyd’s Rep 424, [1997] 1 LLR 424

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Van Der Merwe and Another v IIG Capital Llc ChD 13-Nov-2007
The parties had entered into a debt factoring agreement, under which repayment was sought of some $30m, and the claimants were said to have guaranteed the loan by the factor to their company. The court was asked whether the guarantors had the same . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction, Contract

Updated: 05 November 2022; Ref: scu.141321

Savage v Hoddinot (Chief Constable of Hampshire): CA 6 Feb 1997

A police informer may abandon anonymity to sue police for promised fees.

Citations:

Times 14-Feb-1997, [1997] EWCA Civ 943, [1997] 1 WLR 1061

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Marks v Beyfus 1890
The plaintiff claimed damages for malicious prosecution. He called the Director of Public Prosecutions as a witness, who refused to identify the name of the person who had given him the information on which he had acted against the plaintiff.

Cited by:

Cited – The Chief Constable of the Greater Manchester Police v McNally CA 25-Jan-2002
The claimant sought damages against the police for malicious prosecution and otherwise. He sought disclosure of whether a party referred to in the case as X, had at any time been a paid informer. The police appealed an order to disclose this. . .
Lists of cited by and citing cases may be incomplete.

Contract, Police

Updated: 05 November 2022; Ref: scu.141339

Timeplan Education Group Limited v National Union of Teachers and Dunn: CA 23 Jan 1997

Damages were claimed for an alleged unlawful interference with contractual relations.
Held: Ignorance of the terms of the contract did not suffice to show absence of intent to interfere with contractual relations.

Citations:

[1997] EWCA Civ 832, [1997] 1RLR 457

Jurisdiction:

England and Wales

Citing:

Approved – Greig v Insole 1978
The court was asked whether the Test and County Cricket Board had, by passing certain resolutions, induced cricketers with contracts with World Series Cricket Pty Ltd, the plaintiff, to break those contracts. The TCCB had acted in good faith and . .

Cited by:

Cited – Mainstream Properties Ltd v Young and others CA 13-Jul-2005
The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred.
Held: A mere recklessness as to whether contractual rights were . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other, Damages

Updated: 05 November 2022; Ref: scu.141228