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 John Holt and Co (Liverpool) Ltd which it was known would on-deliver them to its subsidiary, John Holt plc, a Nigerian company.
Held: Under the relevant terms, Holt Liverpool (not having paid the price to F G Wilson) had delivered the goods to Holt Nigeria as fiduciary agents for F G Wilson, and property had in this situation continued in law to reside in Holt Liverpool until such delivery, whereupon it had passed directly from F G Wilson to Holt Nigeria without Holt Liverpool ever acquiring it.

Longmore, Patten, Floyd LJJ
[2013] EWCA Civ 1232, [2014] 1 All ER 785, [2014] 1 All ER (Comm) 393, [2014] BLR 103, [2014] 1 Lloyd’s Rep 180, [2013] WLR(D) 388, [2014] 1 WLR 2365, [2013] 2 CLC 501
Bailii, WLRD
England and Wales
At ComCFG Wilson (Engineering) Ltd v John Holt and Company (Liverpool) Ltd ComC 5-Sep-2012
. .
DirectionsCaterpillar (NI) Ltd v John Holt and Company (Liverpool) Ltd CA 13-Jun-2013
Series of applications in relation to a pending appeal . .

Cited by:
CitedPST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another SC 11-May-2016
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed.
Held: The owner’s appeal failed. It did . .

Lists of cited by and citing cases may be incomplete.


Updated: 21 November 2021; Ref: scu.516538