References: [2008] EWHC 1186 (Comm)
Links: Bailii
Coram: Gloster J
Gloster J said: ‘terms which simply define the basis upon which services will be rendered and confirm the basis upon which parties are transacting business are not subject to section 2 of UCTA. Otherwise, every contract which contains contractual terms defining the extent of each party’s obligations would have to satisfy the requirement of reasonableness.’
Statutes: Unfair Contract Terms Act 1977
This case cites:
- See Also – JP Morgan Chase Bank and others -v- Springwell Navigation Corporation ComC (Bailii, [2005] EWHC 383 (Comm))
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, . . - See Also – JP Morgan Chase Bank and others -v- Springwell Navigation Corporation CA (Bailii, [2005] EWCA Civ 1602)
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 CA (Bailii, [2006] EWCA Civ 161)
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 ComC (Bailii, [2006] EWHC 2755 (Comm))
. .
This case is cited by:
- See Also – JP Morgan Chase Bank and others -v- Springwell Navigation Corporation and others ComC (Bailii, [2008] EWHC 1793 (Comm))
. . - See Also – JP Morgan Chase Bank and others -v- Springwell Navigation Corp ComC (Bailii, [2008] EWHC 2848 (Comm))
. . - See Also – JP Morgan Chase Bank and others -v- Springwell Navigation Corp ComC (Bailii, [2009] EWHC 282 (Comm))
The court heard an application for leave to appeal against orders. . . - Cited – Raiffeisen Zentralbank Osterreich Ag -v- The Royal Bank of Scotland Plc ComC (Bailii, [2010] EWHC 1392 (Comm), [2010] 1 Lloyds Rep 123)
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 . . - Appeal from – Springwell Navigation Corporation -v- JP Morgan Chase Bank and Others CA (Bailii, [2010] EWCA Civ 1221)
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’, . .