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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Contract - From: 1998 To: 1998

This page lists 107 cases, and was prepared on 20 May 2019.


 
 Globe Holdings Ltd v Floratos; 1998 - [1998] 3 NZLR 331

 
 Akai Pty Ltd v People's Insurance Co Ltd; 1998 - [1998] 1 Lloyds Rep 90
 
The Aegean Sea [1998] 2 Lloyd's 39
1998

Thomas J
Transport, Contract

1 Citers


 
Farah v Moody and Hazell Gazette, 21 January 1998; [1998] EWCA Civ 5
12 Jan 1998
CA

Contract, Land
Parts of 'subject to contract' correspondence could properly be given contractual force in order to give commercial effect to the arrangement between the parties.
[ Bailii ]
 
Stubbs (T/a Tavern Snacks) v Deeley and Page (T/a J P Snacks) [1998] EWCA Civ 41
20 Jan 1998
CA

Contract

[ Bailii ]

 
 Effort Shipping Company Ltd v Linden Management Sa and others (The Glannis Nk); HL 22-Jan-1998 - Times, 29 January 1998; Gazette, 18 February 1998; [1998] UKHL 1; [1998] AC 605; [1998] 2 WLR 206; [1998] 1 All ER 495

 
 Stocznia Gdanska S A v Latvian Shipping Co and Others; HL 22-Jan-1998 - Times, 27 February 1998; Gazette, 16 April 1998; [1998] UKHL 9; [1998] 1 WLR 574; [1998] 1 All ER 883
 
Peter Smith and Timothy Jenner (Trading As Ringhurst Electronic Systems) v Alan David Watkins [1998] EWCA Civ 68
26 Jan 1998
CA

Contract

[ Bailii ]

 
 Ludgate Insurance Company Limited v Citibank NA; CA 26-Jan-1998 - [1998] EWCA Civ 66; [1998] Lloyds Reports IR 221
 
E Alton and Company Limited v Orchard (Development) Holdings Limited [1998] EWCA Civ 77
27 Jan 1998
CA
Lord Woolf MR, Aldous LJ, Chadwick LJ
Contract
The court asked whether an option to purchase a development site had been determined by failure of a condition, described as a condition precedent; and so was no longer exercisable by the defendant, as grantee. Held: The agreement required the optioner to have paid the fees required for the appropriate planning application on time. The fees, though now paid had not been paid in time, the condition was broken, and the option had expired.
1 Cites

[ Bailii ]
 
Lonkar v J O Sims Limited [1998] EWCA Civ 92
28 Jan 1998
CA

Contract, Costs

[ Bailii ]
 
Glolite Ltd v Jasper Conran Ltd and Another Times, 28 January 1998
28 Jan 1998
ChD

Contract
Entitlement to rescind contract for material and irremediable breach is to be judged in light of entire arrangement.

 
Wells v First National Commercial Bank [1998] EWCA Civ 112
30 Jan 1998
CA

Contract

[ Bailii ]
 
Boom Time Holdings Limited v Goldman Sachs International [1998] EWCA Civ 169
6 Feb 1998
CA

Financial Services, Contract
Dispute as to interpretation of an OTC Options Master Agreement.
[ Bailii ]
 
R E Brown and others v GIO Insurance Limited Times, 18 February 1998; Gazette, 05 March 1998; [1998] EWCA Civ 177; [1998] Lloyd's Rep IR 201; [1998] CLC 650
6 Feb 1998
CA
Chadwick LJ
Insurance, Contract
A reinsurance contact provided for an excess and limit of liability to be calculated on the basis of 'each and every loss and/or series of losses arising out of one event.' It also provided that 'The Reassured shall be the sole judge as to what constitutes each and every loss and/or one event'. Held: Where an excess loss re-insurance contract gives one party discretion acting as a 'sole judge' to decide mixed issues of fact and law, courts will not normally intervene.
Chadwick LJ stated: "The real question, as it seems to me, is not whether the parties intended that the plaintiff should be left to decide these matters; but whether that is a bargain which the law permits them to make. I start from the position that the courts should be slow to strike down a sensible commercial bargain, made between parties experienced in their field, unless there is some clearly identifiable element of public policy which requires that to be done.
I am satisfied that there is no rule of public policy which prevents parties from agreeing to submit to the final and conclusive decision of a third party some issue which involves questions of construction or of mixed fact and law . . It is necessary, therefore, to go on to consider whether different considerations must apply where the effect of their bargain is that the parties have sought to entrust the decision to one or other of themselves rather than to an independent expert. I can see no reason, in principle, why a different approach is required.
It is, of course, necessary to keep in mind that there are some questions of law which it would be repugnant to the very existence of a legally enforceable contract to leave to the exclusive determination of one party. An obvious example would be a decision as to the existence or otherwise of contractual liability in given circumstances. It must also be kept in mind that in many, if not most, situations it will be inherently unlikely that one party will intend to leave a question of law to be decided by the other party. Further an agreement wholly to oust the jurisdiction of the courts is against public policy and is void. But I can see no objection in principle to a bargain in which one party is left to decide (i) what the facts are in relation to some matter which is to arise in the future and which is plainly intended to have some contractual consequence under a provision of the agreement which they have made and (ii) whether or not that combination of facts does fall within that provision. The jurisdiction of the court is not ousted in those circumstances; provided that the agreement which the parties have reached on that matter allows the court to interfere if the decision-making party has acted unreasonably, perversely or in bad faith. It seems to me that the court will be ready (in the absence of express words to the contrary) to construe the agreement, if necessary by implying an appropriate term, so as to impose on the decision-making party an obligation to act reasonably and in good faith. An agreement which did not permit of such a construction would, I think, be void; but that is not an issue in the present case."
1 Citers

[ Bailii ]
 
Peter Donald Walter Notley v Carr Briant (a Firm); C v Bagshaw T/A F Neal Eking Manning (a Firm) [1998] EWCA Civ 230
12 Feb 1998
CA

Contract

[ Bailii ]
 
Dempster v Brighton, Hove and Lewes Business Enterprise Agency and others [1998] EWCA Civ 214
12 Feb 1998
CA

Contract

[ Bailii ]
 
New Ash Green Village Association Limited v Bovis (New Ash Green) Limited [1998] EWCA Civ 228
12 Feb 1998
CA

Land, Contract

[ Bailii ]
 
Bank of Cyprus (London) Limited v Anthony Alexander [1998] EWCA Civ 212
12 Feb 1998
CA

Banking, Contract

[ Bailii ]
 
Inserco Limited v Honeywell Control Systems Limited (2) [1998] EWCA Civ 222
12 Feb 1998
CA

Contract

1 Cites

[ Bailii ]
 
Schenkers Limited v Overland Shoes Limited and Schenkers International Deutschland Gmbh v Overland Shoes Limited Gazette, 18 March 1998; Times, 26 February 1998; [1998] EWCA Civ 234
12 Feb 1998
CA
Lord Justice Nourse, Lord Justice Pill And Lord Justice Thorpe
Contract
A clause in a shipping freight contract using the standard British International Freight Association terms disallowing a set-off was not unreasonable. The clause read “The customer shall pay to the company in cash or as otherwise agreed all sums immediately when due, without reduction or deferment on account of any claim, counterclaim or set off”. The plaintiffs had carried goods for the defendants over many years, and where a query had arisen had accepted that money was withheld until the issues was resolved. Included in their duties had been payment of some customs duties. The defendant claimed that they had not made certain reclaims leading to losses, and sought an equitable set off under the 1981 Act. Held: In the circumstances, the clause satisfied the requirement of reasonableness. "The clause was in common use and well known in the trade following comprehensive discussions between reputable and representative bodies mindful of the considerations involved. It reflects a general view as to what is reasonable in the trade concerned. "
Unfair Contract Terms Act 1977 3 - Supreme Court Act 1981 49
1 Cites

1 Citers


 
Malik v Martin [1998] EWCA Civ 265
17 Feb 1998
CA

Contract

[ Bailii ]
 
Charles Richard Michael Boote v Michael Riley and Robert Sherwood [1998] EWCA Civ 289
19 Feb 1998
CA

Contract

[ Bailii ]
 
Thakorlal Umedbhai Girdharbhai Patel; Vinaben Thakorlal Umedbhai Patel v Surendra Shantilal Patel and Ila Surendra Patel [1998] EWCA Civ 326
23 Feb 1998
CA

Contract

[ Bailii ]

 
 Beaufort Developments (NI) Limited v Gilbert-Ash NI Limited and Others; HL 26-Feb-1998 - Gazette, 17 June 1998; Times, 08 June 1998; [1998] 2 WLR 860; [1998] UKHL 19; [1999] 1 AC 266; [1998] 2 All ER 778
 
Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited [1998] EWCA Civ 361
26 Feb 1998
CA

Land, Contract
The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually the mortgagee had the claim against it struck out under Order 14A. Held. Section 2 has introduced a new regime. Old authorities on Section 40 of the Law of Property Act 1925, and indeed Section 4 of the Statute of Frauds 1677, are not necessarily of much, if any, assistance in its interpretation. An application to strike out proceedings as an abuse of process is an even more summary procedure involving less consideration of the merits, although inevitably involving some consideration of the merits, than summary judgment given under Order 14 or Order 86. The claimant was not to be allowed to adduce further evidence given his delay, and his application to amend was struck out.
Law of Property (Miscellaneous Provisions) Act 1989 2 - Law of Property Act 1925 40
1 Cites

[ Bailii ]
 
Highton v Norweb Plc [1998] EWCA Civ 375
2 Mar 1998
CA

Negligence, Contract

[ Bailii ]
 
Rae Lambert v HTV Cymru (Wales) Limited and HTV Group Plc Times, 17 March 1998; Gazette, 16 April 1998; [1998] EWCA Civ 387
3 Mar 1998
CA

Contract
A contract clause requiring the use of 'all endeavours' to obtain a first negotiation right, was sufficiently precise and was not unenforceable for uncertainty.
[ Bailii ]

 
 Abner Soleimany v Sion Soleimany; CA 4-Mar-1998 - Times, 04 March 1998; [1998] EWCA Civ 285
 
Batey v Todd Engineering (Staffs) Ltd [2007] NIQB 109
7 Mar 1998
QBNI

Contract

1 Cites

[ Bailii ]
 
Mrs B Dias v Lettings Professional [1998] EWCA Civ 431
11 Mar 1998
CA

Contract

1 Cites

[ Bailii ]
 
Vicky Elizabeth Read v Messrs Tozer (a Firm) [1998] EWCA Civ 451
12 Mar 1998
CA

Professional Negligence, Contract

1 Cites

1 Citers

[ Bailii ]
 
Tawfick, Tawfick v Princess Al-Saud [1998] EWCA Civ 460
13 Mar 1998
CA

Contract

[ Bailii ]
 
Kirk Brandon v (L) George O'Dowd (Professionally Known As Boy George); Sidgwick and Jackson Ltd; Virgin Records Ltd and EMI Virgin Music Ltd [1998] EWCA Civ 459; [1998] EWCA Civ 991
13 Mar 1998
CA

Media, Contract

[ Bailii ] - [ Bailii ]
 
George Dunne Cameron Hosking v Legal and General Event Tours Limited [1998] EWCA Civ 465
16 Mar 1998
CA
Millet LJ
Contract
Application for security for costs.
1 Citers

[ Bailii ]
 
Quadmost Limited (In Liquidation) v Reprotech (Pebsham) Limited [1998] EWCA Civ 474
17 Mar 1998
CA

Contract

[ Bailii ]
 
Johnson and Another v Davis and Another Times, 31 March 1998; Gazette, 13 May 1998; [1999] Ch 117; [1998] EWCA Civ 483; [1998] 2 All ER 649
18 Mar 1998
CA
Chadwick, Kennedy, Ward LJJ
Insolvency, Damages, Contract
The court was asked: "whether or not the appellants were released from their obligation under a covenant to indemnify the respondents against claims arising under a lease by reason of the terms of an individual voluntary arrangement made under part VIII of the Insolvency Act 1986 by a co-obligee who was liable, jointly with the appellants, under the same covenant." Held: There is no rule of law that one joint debtor (not joint and several) may not be released from debt by the individual voluntary arrangement of another.
Chadwick LJ observed that: "The statutory hypothesis is that the person who had notice of and was entitled to vote at the meeting is party to an arrangement to which he has given his consent . . Unlike the earlier legislation, section 260(2) of the Act of 1986 does not purport, directly, to impose the arrangement on a dissenting creditor whether or not he has agreed to its terms; rather, he is bound by the arrangements as the result of a statutory hypothesis. The statutory hypothesis requires him to be treated as if he had consented to the arrangement." Accordingly, questions as to the effect of the arrangement on sureties . . were to be answered by treating the arrangement as consensual; that is to say, by construing its terms as if they were the terms of a consensual agreement between the debtor and all those creditors who, under the statutory hypothesis, must be treated as being consenting parties."
Insolvency Act 1986 260(2)
1 Cites

1 Citers

[ Bailii ]
 
Harry Wheatley v Cano UK Limited [1998] EWCA Civ 515
23 Mar 1998
CA

Contract

[ Bailii ]
 
Auag Resources Limited v Waihi Mines Limited [1998] UKPC 15
23 Mar 1998
PC
Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Nolan, Lord Hoffmann, Lord Hope of Craighead
Contract
(New Zealand)
[ Bailii ]
 
Michael Ferguson T/a CBP v Madcap Theatre Limited [1998] EWCA Civ 581
31 Mar 1998
CA
Beldam LJ, Bracewell J
Contract

[ Bailii ]
 
Muldoon (Formerly Harris) v Wood [1998] EWCA Civ 588
1 Apr 1998
CA

Contract

[ Bailii ]
 
Shilliday v Smith [1998] ScotCS CSIH - 121; 1998 SC 725; [1998] CSIH 121; 1998 SLT 976
2 Apr 1998
SCS
Lord President Rodger
Contract
The phrase 'causa data causa non secuta' is used not to describe a remedy as such, but rather to describe one particular group of situations in which the law may provide a remedy because one party is unjustifiably enriched at the expense of the other.
1 Citers

[ Bailii ]
 
Mohammed v Alaga and Co (A Firm) Times, 02 April 1998; Gazette, 29 April 1998
2 Apr 1998
ChD

Legal Professions, Contract
A party to an agreement to share in solicitors' fees contrary to professional rules was unable to enforce it in any way.
Solicitors Practice Rules 1990 (Law Society 1991)
1 Cites

1 Citers


 
Spargos Mining Nl v Atlantic Capital Corporation [1998] EWCA Civ 635
3 Apr 1998
CA

Contract

1 Cites

1 Citers

[ Bailii ]
 
Hough v P and O Containers Ltd; Blohm and Voss Holding Ag and Others Third Parties Times, 06 April 1998; Gazette, 29 April 1998
6 Apr 1998
QBD

Jurisdiction, Contract
Where a contract contained a clear exclusive jurisdiction clause, a proposed defendant had a clear right to insist on the parties using that jurisdiction.
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Art 17

 
Nicholson v Warrington [1998] EWCA Civ 639
6 Apr 1998
CA
Simon Brown LJ, Sir Patrick Russell
Contract

[ Bailii ]
 
Stovall Associates Inc Michael Kirk Inches Kennedy v Nicholas Van Hoogstraten First Jansons (a Firm) [1998] EWCA Civ 687
22 Apr 1998
CA

Contract

[ Bailii ]
 
D J Farrant and G F Farrant (Trading As D and G Farrant) v Badcock and Evered Limited [1998] EWCA Civ 702
24 Apr 1998
CA

Contract

[ Bailii ]
 
Alan Crawford v John H Markham [1998] EWCA Civ 738
30 Apr 1998
CA

Contract

[ Bailii ]
 
Duckwari Plc v Offerventure Ltd and Another: In Re Duckwari Plc (no 2) Gazette, 20 May 1998; Times, 18 May 1998; Gazette, 03 June 1998; [1998] EWCA Civ 803; [1999] Ch 253; [1998] 2 BCLC 315
8 May 1998
CA
Nourse, Pill, Thorpe LJJ
Company, Contract
A company director entering into an unapproved contract with his own company was liable to the company for the loss as at the time that loss was realised, not at the time of the breach. Where directors had entered into contracts with their company in contravention of the Act, the damages were to be assessed at the date necessary to make sure that shareholders were properly compensated. The transactions to which section 320 applies are not limited to arrangements purporting to have contractual effect, and included understandings having no contractual effect. Nourse LJ said that the application of section 727 should not be restricted unless it is necessary to do so.
Companies Act 1985 320 322(3) 727
1 Cites

1 Citers

[ Bailii ]
 
Harrods Limited v Cordilla Banks [1998] EWCA Civ 812
11 May 1998
CA

Contract
Application for leave to appeal out of time.
[ Bailii ]
 
Open University v Kanagaratnam Baskaran [1998] EWCA Civ 824
12 May 1998
CA

Contract

[ Bailii ]

 
 Baker v Black Sea and Baltic General Insurance Co Ltd; HL 20-May-1998 - Gazette, 10 June 1998; Times, 21 May 1998; [1998] UKHL 18; [1998] 2 All ER 833; [1996] LRLR 353

 
 Total Gas Marketing Ltd v Arco British Ltd and Others; HL 20-May-1998 - Times, 08 June 1998; [1998] UKHL 22
 
Abdullah Karbaschian v Davoud Parvizian [1998] EWCA Civ 867
21 May 1998
CA

Contract

[ Bailii ]
 
Cegelec Projects Ltd v Pirelli Construction Company Ltd [1998] EWHC Technology 319
21 May 1998
TCC

Construction, Contract
Incorporation of terms of sub contract in head contract.
[ Bailii ]
 
Desmond v Woodchester Finance Limited [1998] EWCA Civ 910
4 Jun 1998
CA

Consumer, Contract

[ Bailii ]
 
Eian Tauber Pritchard v Peter Cook Red Limited [1998] EWCA Civ 900
4 Jun 1998
CA

Contract, Consumer

[ Bailii ]
 
G A B Robins Holdings Ltd v Specialist Computer Centres Ltd [1998] EWCA Civ 924
8 Jun 1998
CA

Contract, Torts - Other, Damages

[ Bailii ]
 
Peter Black Distribution Limited; Peter Black International Limited and Filanto Spa v Brian Yeardley Continental Limited [1998] EWCA Civ 956
10 Jun 1998
CA

Transport, Contract

[ Bailii ]

 
 Ashworth v Commissioners of Inland Revenue; CA 10-Jun-1998 - [1998] EWCA Civ 957
 
Friend and Co (a Firm) v Terence Michael Lee and Nicholas Barrymore Jackson [1998] EWCA Civ 1008
16 Jun 1998
CA

Contract
The claimant accountants sued for payment of their account. The defendants said that it was payable only on a contingency which had not occurred.
[ Bailii ]
 
Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd) Times, 26 June 1998; [1999] 2 Lloyd's Reports 243; [1998] EWCA Civ 3534
26 Jun 1998
CA
Stuart-Smith LJ
Damages, Contract
Where damages were to be awarded for breach of warranty on sale of goodwill, an assessment according to a price earnings ratio was appropriate only if used in the contract or agreed as appropriate by the experts. In the context of a notice clause in a Share Sale Agreement requiring notice to set out "such particulars of the grounds on which such claim is based as are then known to the Purchaser promptly . . and in any event within 18 months", the court held that "The clear commercial purpose of the clause includes that the vendors should know . . in sufficiently formal written terms that a particularised claim for breach of warranty is to be made so that they may take such steps as are available to them to deal with it . . The commercial purpose may not be sensibly served if an uninformed and uninformative notice is given."
1 Cites

1 Citers

[ Bailii ]
 
Mayfair Entertainment International Limited v Wieland Georg Schulz (Also Known As Wieland Schulz-Keil) [1998] EWCA Civ 1106
29 Jun 1998
CA

Contract

[ Bailii ]
 
Valerie Collis v Pont Furnishings [1998] EWCA Civ 1135
1 Jul 1998
CA

Consumer, Contract

[ Bailii ]
 
Martin John Fazakarley v Ms Douli Mehta [1998] EWCA Civ 1167
7 Jul 1998
CA

Contract

[ Bailii ]
 
Terence Keven Phillips v Ivo Joseph Chapman Clifford Chapman [1998] EWCA Civ 1180
8 Jul 1998
CA

Contract

[ Bailii ]

 
 John Dee Group Ltd and Another v WMH and Ltd (Formerly Magnet Ltd); CA 9-Jul-1998 - [1998] EWCA Civ 1182; [1998] BCC 972
 
Anglo American Investments Limited v Jeffrey H Barber [1998] EWCA Civ 1258
22 Jul 1998
CA

Contract, Insolvency
The defendant had borrowed money from the plaintiff, and a director made an oral promiose not to seek repayment until the defendant could afford it. The claimant went into liquidation. Held: The defence was incredible and had no prospect of success.
1 Cites


 
Collingwood Hotel Ltd v Glyn Morgan [1998] EWCA Civ 1260
22 Jul 1998
CA

Contract

[ Bailii ]
 
W Martin v C Mckay [1998] EWCA Civ 1284
23 Jul 1998
CA
Lord Woolf MR, Brooke LJ
Contract

[ Bailii ]
 
Islamic Investment Company ISA v Transorient Shipping Limited Alfred C Toepfer International Gmbh [1998] EWCA Civ 1287
24 Jul 1998
CA

Transport, Contract

[ Bailii ]

 
 Kleinwort Benson Ltd v Lincoln City Council etc; HL 29-Jul-1998 - Gazette, 18 November 1998; Gazette, 10 February 1999; Times, 30 October 1998; [1998] UKHL 38; [1999] 2 AC 349; [1998] 4 All ER 513; [1998] 3 WLR 1095; [1998] Lloyds Rep Bank 387
 
Von Goetz v Rogers [1998] EWCA Civ 1328
29 Jul 1998
CA

Limitation, Contract

Limitation Act 1980 5 6
[ Bailii ]
 
Islamic Investment Company ISA v Transorient Shipping Limited Alfred C Toepfer International Gmbh [1998] EWCA Civ 1367
31 Jul 1998
CA

Contract

[ Bailii ]
 
Link Organisation Plc v North Derbyshire Tertiary College and others [1998] EWCA Civ 1400
14 Aug 1998
CA

Contract
Action for non-payment of fees for educational courses provided by the claimant.
[ Bailii ]

 
 Morris v Wentworth-Stanley; CA 4-Sep-1998 - [1998] EWCA Civ 1427; [1999] QB 1004; [1999] 2 WLR 470
 
West Coast Air Limited v Gambia Civil Aviation Authority and others [1998] UKPC 39
15 Sep 1998
PC

Contract, Commonwealth
(the Gambia)
[ Bailii ]
 
Hendry v Chartsearch Ltd Times, 16 September 1998; [1998] EWCA Civ 1276; [1998] CLC 1382
16 Sep 1998
CA
Evans LJ, Henry LJ, Millett LJ
Contract, Litigation Practice
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 amendments was that the court had a general discretion and should not be restricted by hard and fast rules of practice or of law.
Millett LJ said that an assignment or a purported assignment of a contractual obligation in the face of a prohibition in the contract whether in the nature of a prohibition or promise, was unlikely to be a repudiation of the contract itself.
1 Cites

1 Citers

[ Bailii ]
 
Jordan National Shipping Line Company Limited v El Rodwan Trading and Services Company Limited [1998] EWCA Civ 1447
22 Sep 1998
CA

Contract
Application for leave to appeal.
[ Bailii ]
 
Bank of Scotland v Dunedin Property Investment Co Ltd Times, 24 September 1998; 1998 SC 658
24 Sep 1998
IHCS
Lord President (Rodger
Intellectual Property, Contract, Scotland
Issue of loan stock supported by charge for 'all costs charges and expenses incurred' this included the breakage cost of the bank in setting up interest-rate swap arrangements to protect itself against swings in costs.
1 Cites

1 Citers


 
Michael Timothy Knowles v Economist Intelligence Unit [1998] EWCA Civ 1514
9 Oct 1998
CA

Contract
Application for leave to appeal against order rejecting claim of breach of contract.
[ Bailii ]
 
E A Grimstead and Son Limited v Francis McGarrigan [1998] EWCA Civ 1523
13 Oct 1998
CA
Chadwick LJ
Contract, Commercial

Misrepresentation Act 1967 3
1 Cites

1 Citers

[ Bailii ]
 
Bedfordshire County Council v Fitzpatrick Contractors Ltd [1998] 62 Con LR 64; [1998] EWHC 1633 (TCC)
16 Oct 1998
TCC
Dyson J
Contract
Dyson J refused to imply a term of trust and confidence into a highway maintenance contract, stating: "the court should in any event be very slow to imply into a contract a term, especially one which is couched in rather general terms, where the contract contains numerous detailed express terms such as the contract in this case. In my judgment, in such a case, the court should only do so where there is a clear lacuna. The parties in this case took a great deal of trouble to spell out with precision and in detail the terms that were to govern their contractual relationships. The alleged implied term is expressed in broad and imprecise language. I can see no justification for grafting such a term onto a carefully drafted contract such as this."
1 Citers

[ Bailii ]
 
Thakorlal Umedbhai Girdharbhai Patel; Vinaben Thakorlal Umedbhai Patel v Surendra Shantilal Patel and Ila Surendra Patel [1998] EWCA Civ 1571
19 Oct 1998
CA

Contract

[ Bailii ]
 
Huyton SA v Peter Cremer Gmbh and Co [1998] EWHC 1208 (Comm); [1999] 1 Lloyds Rep 620
21 Oct 1998
ComC
Mance J
Contract, Torts - Other
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 pressure by one party", and secondly the requirement that this should be "a significant cause inducing the other party to act as he did".
1 Citers

[ Bailii ]
 
Still v Smart and others [1998] EWCA Civ 1641
29 Oct 1998
CA

Contract

[ Bailii ]
 
Roger Medcalf v Terence Mardell, Michael Kemp, British Broadcasting Corporation Terry Mardell Organisation Ltd [1998] EWCA Civ 1663
2 Nov 1998
CA
Morritt LJ
Contract, Intellectual Property
Application for stay of execution pending appeal.
1 Citers

[ Bailii ]
 
Mohammed v Alaga and Co (A Firm) Times, 29 July 1999; [1998] EWCA Civ 1654
2 Nov 1998
CA
Lord Justice Simon Brown, Lord Justice Mantell
Legal Professions, Contract
(Application for Leave) An agreement between solicitors and non-solicitors for the payment of a fee for introductions was illegal and unenforceable. Where however the non-solicitor provided services as part of the arrangement, a claim against the solicitors for a quantum meruit rather than in restitution would stand.
Solicitors Practice Rules 1990
1 Cites

1 Citers

[ Bailii ]
 
Northern Shipping Company and Deutsche Seereederei Gmbh (Formerly Deutsche Seereederei Rostock Gmbh), and Senator Line Gmbh and Co Kommanditgeselleschaft, Cho Yang Shipping Co Limited (Trading As Cho Yang Line) [1998] EWCA Civ 1684
4 Nov 1998
CA

Transport, Contract

[ Bailii ]

 
 Hess v Horncastle Properties Limited Wa Horncastle (Builders) Limited; CA 6-Nov-1998 - [1998] EWCA Civ 1720
 
Deepak Fertilisers and Petrochemical Corporation v Davy McKee (London) Ltd; ICI Chemicals and Polymers Ltd [1998] EWCA Civ 1753
12 Nov 1998
CA

Contract

1 Cites

1 Citers

[ Bailii ]
 
Kenneth Michael Dixon v White Rabbit Limited T/a Music Village [1998] EWCA Civ 1757
12 Nov 1998
CA
Lord Justice Mummery And Lord Justice Tuckey
Contract
The parties sought to enter into a contract for the part exchange of music recording equipment. The judge found no concluded contract as pleaded, and the appellant argued that the contract found was insufficiently different from that pleaded, and should be enforced. He sought specific performance. There had been several conversations discussing the arrangement. The paperwork was conflicting. Held: The judgment suggested that no contract had in fact been concluded, and the appeal was dismissed.

 
Tallett and Tallett v White Horse Caravan Company Limited Trading As Bunn Leisure [1998] EWCA Civ 1773
13 Nov 1998
CA

Contract

[ Bailii ]
 
W Martin v C Mckay [1998] EWCA Civ 1777
16 Nov 1998
CA

Contract

[ Bailii ]
 
O'Callaghan v Coral Racing Ltd Times, 26 November 1998; [1998] EWCA Civ 1801
19 Nov 1998
CA
Lord Justice Hirst Lord Justice May And Sir Christopher Slade
Contract, Arbitration
An agreement for the referral of disputes to arbitration made as part of a gaming agreement is as unenforceable as the void agreement of which it is part and parcel.
[ Bailii ]

 
 Don King Productions Inc v Warren; Roberts; Centurion Promotions Limited (Formerly Sports Network Limited); Sports Network Usa, Inc; Time Warner Entertainment Company, Lp and Sport International, Inc; CA 19-Nov-1998 - Times, 09 February 1999; [1998] EWCA Civ 1794; [2000] Ch 291; [2000] 1 BCLC 607; [1999] EMLR 402; [1999] 1 Lloyds Rep 588; [1999] 3 WLR 276; [1999] 2 All ER 218
 
Savills Land and Property Limited v Kibble [1998] EWCA Civ 1833
24 Nov 1998
CA

Agency, Contract

[ Bailii ]
 
Courage Limited v Crehan [1998] EWHC Ch 281
25 Nov 1998
ChD

Contract, Commercial, European

1 Citers

[ Bailii ]
 
John Macdonald v Federation International De Football Association and others Times, 07 January 1999; [1998] ScotCS 85
2 Dec 1998
OHCS
R.G. McEwan
Contract, Scotland
An organiser of a football match was not responsible for the costs of a disappointed spectator after the opposing team failed to appear. A foreign company once properly joined as co-defendant remained a party after a native party was released.
[ Bailii ] - [ ScotC ]
 
Morgan Sindall Plc v Sawston Farms (Cambs) Ltd [1998] EWCA Civ 1905
3 Dec 1998
CA
Lord Justice Robert Hutchison, Lord Justice Robert Walker, Lord Justice Tuckey
Contract, Arbitration
An option had been given for the purchase of land. The claimant challenged the value assigned on exercising the option. The landowner subsequently disclosed a right of way over the land. Held: An expert's valuation cannot be challenged if it is honest, and given in good faith. It cannot be challenged for mistake. The valuation was non-speaking in that no justification was given. The less is said, the more difficult it is for a valuation to be challenged. A notional vendor who ruthlessly exploits a purchaser (see Northern Electric) must be disregarded because he would not be a willing vendor or lessor. Nevertheless to argue so must be to import reasons merely to challenge them. Appeal dismissed.
1 Cites

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Griffiths v WE and DT Cave Ltd (1998) 78 PandCR 8; [1998] EWCA Civ 1972
4 Dec 1998
CA
Morritt, Aldous, Hutchison LLJ
Contract
The parties had entered into an option agreement, but now disputed the price to be paid on its exercise.
1 Citers

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William Stevenson and Anthony Stevenson v Martyn Rogers Times, 31 December 1998; Gazette, 13 January 1999; [1998] EWCA Civ 1931; [1999] QB 1028
8 Dec 1998
CA
Lady Justice Butler-Sloss, Lord Justice Potter, Sir Patrick Russell
Contract, Consumer
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The question for the court was whether the sale of the Jelle had been made "in the course of a business" within the meaning of section 14(2) of the Sale of Goods Act 1979 so that it was subject to an implied term that the vessel was of merchantable quality. Held: A sale of his vessel by a fisherman was a sale in the course of business and it was required to be of merchantable quality. The phrase 'in the course of business had a different meaning in the Act from in Trade Description and Unfair Contract Terms law. The defendant was not in the business of selling trawlers, and the fact that his boat was the principal asset of his business of fisherman did not mean that its sale was other than incidental thereto. The appeal was allowed.
Sale of Goods Act 1979 12(1)
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 Redland Aggregates Limited v Shephard Hill Civil Engineering Limited; CA 11-Dec-1998 - Unreported, 11 December 1998
 
Wilson v Chief Constable, Lothian and Borders Police [1998] ScotCS 99
11 Dec 1998
SCS
Lord Hamilton
Police, Contract
The pursuer, having undertaken the removal and storage of scaffolding at the request of the police now sought payment for his services.
[ Bailii ]
 
Pamment v Sutton and Others Times, 15 December 1998
15 Dec 1998
ChD

Contract
A business was still being conducted for the purposes of construction of a mortgage repayment clause where no business was actually being transacted but only because of a lack of work.

 
North Sea Energy Holdings Nv (Formerly Midland and Scottish Holdings Nv) v Petroleum Authority of Thailand [1999] 1 All ER (Comm) 173; [1999] 1 Lloyds Rep 483; [1998] EWCA Civ 1953
16 Dec 1998
CA
Waller LJ
Contract, Damages
The buyers repudiated an oil purchase agreement and the sellers accepted their repudiation. The sellers could not show that they would have been able to obtain the oil to sell. Held: They were not entitled to substantial damages.
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