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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: 2004 To: 2004

This page lists 132 cases, and was prepared on 20 May 2019.

 
Thomson v Christie Manson and Woods Ltd and Another [2004] EWHC 1101 (QB); [2004] PNLR 42
2004
QBD
Jack J
Contract, Professional Negligence
Two urns had been auctioned as "a pair of Louis XV porphyry and gilt–bronze two-handled vases". The buyer claimed that this was false. The parties agreed Christie's had impliedly represented that it had reasonable grounds for its opinion. Held: Jack J said: "The representation is not simply that the urns were Louis XV because that is a matter of opinion. The representation is that that was Christie's opinion and that Christie's had reasonable grounds for that opinion. This approach was not in issue between Ms Thomson and Christie's and in my view is sound in principle".
1 Citers


 
Louis Dreyfus Trading Ltd v Reliance Trading Ltd [2004] 2 LLR 243
2004

Andrew Smith J
Contract, Damages
LD sold 7kmt sugar to R, C & FFO Banjul at $257.43 per mt. Shipment was "per m.v. Dawn currently discharging at Banjul". An associate of R had already sold 5kmt to B at $290 per mt, for which the sugar was bought. LD knew of the resale and insisted that R buy the full 7kmt and B bought the extra 2kmt at $253 per mt. On August 17 payment was made by R to LD and by B to R for 3kmt. LD was responsible for a delayed discharge, and mean tme the price fell $224 per mt. R said that they would only take the 4,000 m.t. if a reduced price was applied to the whole 7kmt. LD treated R as in default in regards to the 4kmt. R sought damages at the difference between the contract price ($257.43) and the value of the goods when they eventually became available ($224). LD said that R had suffered no loss. They pointed out that R was to receive from B $290 for 5kmt and $253 for the balance and that it was likely that R had obtained payment for the 3kmt discharged at $290 per mt and Reliance had still profited. The arbitrators awarded R damages calculated as claimed. Held: The profit or loss made by a buyer on a sub-sale is generally irrelevant to the assessment of damages for breach by a seller of a warranty of quality or failure to deliver; but that if the parties had a particular sub-sale within their contemplation when making their contract the buyer might be entitled to have that sub-sale brought into account to increase his damages or the seller might be entitled to have it brought into account in order to reduce the award against him. Where the parties anticiated when the contract was made that the buyer was committed to deliver the same goods to a sub-buyer under a specific contract, principles of remoteness did not require that the sub-sale be disregarded in assessing they buyer's damages. It was to be taken to have been within the parties' reasonable contemplation as a serious possibility, or a consequence not unlikely to result from LD being in breach of their obligations, that the loss suffered by R might depend on the impact of the sub-sale to B. The case was remitted to the arbitrators for reconsideration because it was apparent that they had not considered whether or not LD had rebutted the presumption that the damages should be assessed in accordance with section 53 (3) of the 1979 Act.
Sale of Goods Act 1979 52(3)
1 Citers


 
Dendron GmbH v The Regents of the University of California [2004] FSR 43
2004

Pumfrey J
Contract, Intellectual Property
Pumfrey J said: "I would reject the suggestion that the right that is conferred by the grant of a licence is anything wider than a consent on behalf of the patentee to the doing of an act which absent that consent would be unlawful."
1 Citers


 
Edwards v Lloyd's TSB Bank plc [2004] EWHC 1745 (Ch)
2004
ChD

Contract, Torts - Other
A contract in which one co-owner's signature has been forged by the other is not a nullity but remains valid in relation to the fraudulent co-owner.
1 Citers



 
 Brake Brothers Limited v Ungless; QBD 2004 - [2004] EWHC 2799
 
More Og Romsdal Fylkesbatar AS v The Demise Charterers of the Ship JUTUNHEIM [2004] EWHC 671 (Comm)
2004
ComC

Contract
Relief against forfeiture under a lease agreement is available, "provided that the object of the transaction and of the insertion of the right to forfeit for non-payment of money is essentially to secure the payment of that money or is security for the attainment of a specific result which can be achieved through the courts."
1 Citers


 
Barnicoat and Othersl v Knights and Others [2004] 2 BCLC 464
2004
ChD
Lewison J
Contract, Damages
Someone who agrees to procure that someone else performs a contractual obligation is required first to attempt to ensure that that person complies with the obligation, but if he fails to comply then he must pay damages calculated by the amount that ought to have been paid by the third party.
1 Citers


 
Jones and Another v Callagher and Another [2004] EWCA Civ 10
13 Jan 2004
CA

Contract

[ Bailii ]
 
Jdm Accord Ltd v Secretary of State for the Environment, Food and Rural Affairs [2004] EWHC 2 (TCC)
16 Jan 2004
TCC

Contract

[ Bailii ]
 
Salamony v Balfour Beatty Construction Ltd [2004] EWHC 41 (Ch)
20 Jan 2004
ChD

Contract

[ Bailii ]
 
Societa Esplosivi Industriali S P A v Ordnance Technologies Limited (Formerly Sei (Uk) Limited), Impact Sciences Limited, Stephen Keith Cardy, Robin Moat, David Haigh [2004] EWHC 48 (Ch)
21 Jan 2004
ChD
The Honourable Mr Justice Lewison
Contract

[ Bailii ]
 
Kangol Ltd v Hay and Robertson Plc [2004] EWCA Civ 63
22 Jan 2004
CA

Intellectual Property, Contract

[ Bailii ]
 
Kronos Worldwide Limited v Sempra Oil Trading S A R L [2004] EWCA Civ 3
23 Jan 2004
CA
Lord Justice Mance Lord Justice Pill Lord Justice Evans-Lombe
Transport, Contract

1 Citers

[ Bailii ]
 
Royal Bank of Canada v Cooperatieve Centrale Raiffeisen-Boerenleenbank Ba [2004] EWCA Civ 7
23 Jan 2004
CA
Lord Justice Mance Lord Justice Thorpe Mr Justice Evans-Lombe
International, Jurisdiction, Contract, Banking
The claimant sought an order to restrain proceedings in New York. The parties were based in Canada and the Netherlands, with places of business in New York and London also. The swap agreement underlying the claim provide for it to be governed non-exclusively by the laws of England, but which envisaged other courts applying it.
1 Cites

[ Bailii ]
 
Granville Baird Capital Partners Limited v Benjamin Blackden, Kevin Worrall, Bruce Culver [2004] EWHC 72 (QB)
26 Jan 2004
QBD
Mr Justice Simon
Contract

[ Bailii ]
 
Beximco Pharmaceuticals Ltd, Bangladesh Export Import Co Ltd, Rahman,and others v Shamil Bank of Bahrain Ec [2004] EWCA Civ 19; Times, 03 February 2004; Gazette, 26 February 2004; [2004] 1 WLR 1784
28 Jan 2004
CA
Lord Justice Laws Lord Justice Potter Lady Justice Arden
Contract
A contract provided that it was to be governed by the law of England and Wales, but "subject to the principles of the Glorious Sharia'a" It was a loan agreement made under the system of Morabha. The defendant said that since the agreements charged interest which was forbidden as Riba and contrary to the Sharia, the agreements were void. Held: The governing law was that of England and Wales and the agreements were valid. The reference to the law of Sharia meant that the agreement was to be read so as to reflect the principles of Sharia but this could not work to operate against the very basis of the contract.
1 Citers

[ Bailii ]
 
Days Medical Aids Limited v Pihsiang Machinery Manufacturing Co Ltd, Pihsiang Wu (Also Known As Donald P H Wu), Chiang Ching-Ming Wu (Also Known As Jenny Wu) [2004] EWHC 44 (Comm); [2004] Eu LR 477; [2004] UKCLR 384; [2004] 1 All ER (Comm) 991
29 Jan 2004
ComC
The Honourable Mr Justice Langley
Contract, Agency, European
Alleged repudiation of exclusive distribution agreement. Held: The claim succeeded in part.
1 Citers

[ Bailii ]
 
Exeter City AFC Ltd v Football Conference Ltd and Another Times, 12 February 2004; Gazette, 04 March 2004
29 Jan 2004
ChD
Weeks QC, J
Contract, Insolvency
The football club played in a league operated by the first defendant, which sought a stay of an application for relief from unfair prejudice, saying their was a binding obligation for the complaint to be referred to arbitration. Held: 'the court controlled by statute the creation and extinction of a company and also attended to it during its mid-life crises.' The court refused to regard the right to petition for unfair prejudice under section 459 as capable of being the subject of an arbitration.
Companies Act 1985 459
1 Cites

1 Citers



 
 Joyce v Rigolli; CA 2-Feb-2004 - [2004] EWCA Civ 79

 
 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 - [2004] EWHC 127 (Comm)
 
Bottin (International) Investments Limited v Venson Group Plc Grant Scriven Clive Lawson Smith [2004] EWHC 135 (Ch)
3 Feb 2004
ChD
The Honourable Mr Justice Peter Smith
Company, Contract

1 Cites

1 Citers

[ Bailii ]
 
Vogon International Ltd v Serious Fraud Office [2004] EWCA Civ 104; Times, 26 February 2004
4 Feb 2004
CA
Lord Phillips Of Worth Matravers Mr, Lord Justice May Lord Justice Jonathan Parker
Contract
The defendant appealed a finding in which the judge had inferred against it serious imputations where neither party had made such an allegation, and the defendant had not been given forewarning of such a finding. Held: The judge had correctly construed the contract, but had been wrong to make findings against the defendant which were otiose and not part of the claimant's case.
May LJ said: "It is . . elementary common fairness that neither parties to litigation, their counsel, nor judges should make serious imputations or findings in any litigation when the person against whom such imputations or findings are made have not been given a proper opportunity of dealing with the imputations and defending themselves."
1 Cites

1 Citers

[ Bailii ]

 
 R McDonald v Coys of Kensington Ltd; CA 5-Feb-2004 - [2004] EWCA Civ 47; Gazette, 11 March 2004; [2004] 1 WLR 2775
 
Bim Kemi Ab v Blackburn Chemicals Limited [2004] EWHC 166 (Comm)
6 Feb 2004
ComC
The Honourable Mr Justice Cooke
Commercial, Contract, European

1 Cites

1 Citers

[ Bailii ]
 
Thoresen and Co (Bangkok) Ltd v Fathom Marine Company Ltd, Brazilian Hope Shipping Company Ltd, Yale Shipping Company Limited [2004] EWHC 167 (Comm)
9 Feb 2004
ComC
Mr Justice Langley
Contract

[ Bailii ]
 
Celtech International Limited v Dalkia Utilities Services Plc [2004] EWHC 193 (Ch
12 Feb 2004
ChD
Mr Justice Richards
Contract, Insolvency

1 Citers

[ Bailii ]
 
CMA CGM Sa v Classica Shipping Co Ltd [2004] EWCA Civ 114; Times, 27 February 2004; Gazette, 18 March 2004
12 Feb 2004
CA
Waller, Longmore, Neuberger LJJ
Contract, Transport
The charterers were held liable to the shippers for the cost of repairing the vessel when containers containing bleach exploded. The charterers had established a compensation limitation fund in France. Held: The liability of the charterers was defined by the type of claim brought, not by the capacity in which he acted. The charterers appeal failed save that they could limit their liability to claims from the shipowners for damage to their own cargoes.
Merchant Shipping Act 1995 185 - Convention on Limitation of Liability for Maritime Claims of 1976
1 Cites

1 Citers

[ Bailii ]
 
I-Way Ltd and Another v World Online Telecom Ltd and others [2004] EWHC 244 (Comm)
13 Feb 2004
ComC

Contract, Torts - Other

[ Bailii ]
 
21st Century Logistic Solutions Limited (In Liquidation) v Madysen Limited [2004] EWHC 231 (QB); Times, 27 February 2004; Gazette, 25 March 2004; [2004] BVC 779; [2004] 2 Lloyds Rep 92; [2004] STC 1535; [2004] STI 497; [2004] BTC 5720
17 Feb 2004
QBD
Mr Justice Field
Contract, VAT
The vendor sold computers to the defendant, intending not to account to the commissioners for the VAT. The seller went into liquidation, and the liquidator sought payment. The purchaser had been unaware of the intended fraud and resisted payment. Held: The fraud did not make the contract unenforcable by the liquidator. The fraudulent intent was too far removed from the substance of the contract to taint it. Money received by a seller would not be held in trust for the Commissioners, and use of the money for other purposes did not conflict wit the tax payers duty later to account for an equivalent sum. The contract itself was lawful.
1 Cites

1 Citers

[ Bailii ]
 
Petromec Inc v Petroleo Brasileiro Sa Petrobras, Braspetro Oil Services Company, Societa Armamento Navi Appoggio Spa, Den Norske Bank Asa [2004] EWCA (Civ) 156
17 Feb 2004
CA
Lord Justice Brooke
Contract, Transport

1 Cites

1 Citers

[ Bailii ]
 
Bride Hall Estates Limited, Openboard Limited v St George North London Limited [2004] EWCA Civ 141; Times, 04 March 2004
18 Feb 2004
CA
Lord Justice Keene Lord Justice Kay Lord Justice Carnwath
Contract, Land
A contract contained an overage clause which would come into effect according to whether car parking spaces were included when calculatiing the average values. Held: The contracts indicated that the parking spaces were to be included. Reference to 'net internal area' within the document at one point indicated that the parking spaces were to be included in other parts of the document.
1 Cites

1 Citers

[ Bailii ]
 
Peregrine Systems Ltd v Steria Ltd [2004] EWHC 275 (TCC)
26 Feb 2004
TCC

Contract
Failed computer system
1 Citers

[ Bailii ]
 
Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) [2004] EWCA Civ 215; Times, 24 March 2004; Gazette, 01 April 2004
27 Feb 2004
CA
Lord Justice Laws Lord Justice Waller Lord Justice Carnwath
Contract, Company, Professional Negligence, Damages
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents. Held: As to the basis of calculation of damages as to a loss of chance, the root question was what damages had followed. The Appeal was allowed in part. A defendant should be disallowed from relying upon a wrong he had himself committed to reduce the damages which might otherwise flow.
1 Cites

1 Citers

[ Bailii ]

 
 Sykes and Another v Taylor-Rose and Another; CA 27-Feb-2004 - [2004] EWCA Civ 299
 
Marubeni Hong Kong and South China Ltd v Mongolian Government [2004] EWHC 472 (Comm); Times, 14 May 2004; [2004] 2 Lloyd's Rep 198
12 Mar 2004
ComC
Cresswell J
International, Contract
The court dismissed a claim for money owed by the Mongolian government based upon a letter of guarantee issued by the ministry of finance. Held: The English court would not seek to adjudicate upon the cabinet meetings of friendly powers.
1 Citers

[ Bailii ]
 
McMillan Williams (a Firm) v Range [2004] EWCA Civ 294; Times, 16 April 2004
17 Mar 2004
CA
Ward LJ, Mantell LJ, Jonathan Parker LJ
Employment, Contract, Torts - Other
The respondent was employed as a solicitor to be paid commission on fees paid. She received advances against those payments. She was dismissed after failing to reach the targets. The employer sought repayment of the excess advances. She replied that the payments were Credit, and void under the Act. Held: The agreement did not provide credit. The solicitor was earning the money, not repaying the advance. At the time of the contract no debt could be said to be created. The contract was essentially a means for payment of remuneration. When entered into either party might owe the other sums, and it could not be predicted which way it would be. It was not a credit agreement, and so was not unenforceable.
Consumer Credit Act 1974 8
1 Cites

[ Bailii ]

 
 Dendron Gmbh and others v Regents of University of California and Another; PatC 23-Mar-2004 - [2004] EWHC 589 (Pat); Times, 24 May 2004

 
 Payless Travel Ltd v Baba Krupa Holidays; CA 26-Mar-2004 - [2004] EWCA Civ 472
 
Daraydan Holdings Limited, Cairn Estates Limited and Others v Solland International Limited and Others [2004] EWHC 622 (Ch); [2005] Ch 119
26 Mar 2004
ChD
Lawrence Collins J
Contract, Constitutional
The court was asked whether Lister and Co v Stubbs 45 ChD 1, a decision of the Court of Appeal, was binding on him or whether he could apply the Privy Council's decision in Attorney General for Hong Kong v Reid Held: On the facts of the case the judge was able to distinguish Lister and Co v Stubbs but said, if he had been unable to do so, he would have applied Attorney General for Hong Kong v Reid.
Lawrence Collins J said: "The House of Lords forcefully reaffirmed the rules of stare decisis in Davis v Johnson [1979] AC 264, but nothing was said about the decisions both in the Court of Appeal (eg Doughty v Turner Manufacturing Co Ltd [1964] 1 QB 518 and Worcester Works Finance Ltd v Cooden Engineering Co Ltd [1972] 1 QB 210) and at first instance which suggest that both a judge of first instance and the Court of Appeal are free to follow decisions of the Privy Council on common law principles which depart, after full argument, from earlier decisions of the Court of Appeal . . The system of precedent would be shown in a most unfavourable light if a litigant in such a case were forced by the doctrine of binding precedent to go to the House of Lords (perhaps through a leap-frog appeal under the Administration of Justice Act 1969, section 12) in order to have the decision of the Privy Council affirmed. That would be particularly so where the decision of the Privy Council is recent, where it was a decision on the English common law, where the Board consisted mainly of serving Law Lords, and where the decision had been made after full argument on the correctness of the earlier decision."
1 Cites

1 Citers

[ Bailii ]
 
Nweze and Another v Nwoko [2004] EWCA Civ 379; Times, 06 May 2004; [2004] 2 PandCR 33
29 Mar 2004
CA
Lord Justice Waller, Lord Justice Sedley And Lord Justice Carnwath
Land, Contract
The parties had settled their dispute in an oral compromise agreement under which it was agreed that land would be sold at the best price reasonably obtainable. One now argued this was unenforceable as an agreement for the disposal of land requiring writing. Held: The agreement could be enforced. Section 2 concerns a contract between seller and purchaser of a plot of land. That did not apply here to the settlement of a dispute.
Law of Property (Miscellaneous Provisions) Act 1989 2
1 Cites

1 Citers

[ Bailii ]
 
Esso Exploration and Production UK Limited v Electricity Supply Board [2004] EWHC 723 (Comm)
31 Mar 2004
QBD
The Hon Mr Justice Moore-Bick
Contract

[ Bailii ]
 
Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter C-237/02; [2004] EUECJ C-237/02; [2004] ECR I-3403; [2004] 2 CMLR 13
1 Apr 2004
ECJ

European, Consumer, Contract
ECJ Directive 93/13/EEC - Unfair terms in consumer contracts - Contract for the building and supply of a parking space - Reversal of the order of performance of contractual obligations provided for under national law - Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations - Obligation on the seller or supplier to provide a guarantee.
The Court considered the role of the ECJ and of the national court in relation to the determination as to whether a particular term was unfair. It stated that the issue of unfairness turned on all the facts and was for the national court. Directive 93/13/EEC of 5 April 1993 on unfair terms and consumer contracts, which the Regulations implement, applies to contracts in respect of land.
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
1 Citers

[ Bailii ]
 
Egan v Static Control Components (Europe) Limited [2004] EWCA Civ. 392
1 Apr 2004
CA
Lady Justice Arden Holman Mr Justice Holman
Contract

[ Bailii ]
 
Bramhill and Bramhill v Edwards and Edwards (Sued In Their Own Right and As Partners Or Proprietors of Destination Rv) [2004] EWCA Civ 403
2 Apr 2004
CA
Lord Justice Auld Lord Justice Jacob Lord Justice Thomas
Contract

Sale of Goods Act 1979 14 - Road Vehicles (Construction and Use) Regulations 1986 8
[ Bailii ]
 
Filobake Ltd v Rondo Ltd and Another [2004] EWHC 695 (TCC)
21 Apr 2004
TCC

Contract

1 Cites

1 Citers

[ Bailii ]
 
The Bank of Tokyo-Mitsubishi Ltd,Kbc Bank Nv v Baskan Gida Sanayi Ve Pazarlama As,Ahmet Baskan,Cevet Baskan,Ismet Baskan,Melih Baskan,Aksu Gida Sanayi Ve Ticaret Ltd,Indo Mediterranean Commodities Ltd,Ferrero Industrial Services Geieferrero Spa,Ferrero [2004] EWHC 945 (Ch)
29 Apr 2004
ChD
Mr Justice Lawrence Collins
Commercial, Contract

[ Bailii ] - [ Bailii ]
 
Montlake, Yarranton and Wills (As Trustees of Wasps Football Club) v Lambert Smith Hampton Group Ltd, Nicholson Graham and Jones [2004] EWHC 938 (Comm); [2004] EWHC 1503 (Comm)
6 May 2004
ComC
Mr Justice Langley
Contract, Professional Negligence

[ Bailii ] - [ Bailii ]
 
Bp Exploration Operating Company Ltd v Kvaerner Oilfield Products Ltd and Cooper Cameron (Uk) Ltd [2004] EWHC 999 (Comm); Gazette, 25 March 2004
6 May 2004
ComC
The Honourable Mr Justice Colman
Contract

[ Bailii ]
 
Emcor Drake and Scull Ltd v Sir Robert Mcalpine Ltd [2004] EWHC 1017 (TCC)
7 May 2004
TCC

Construction, Contract

[ Bailii ]
 
Wiltshire v Powell and others [2004] EWCA Civ 534; Times, 03 June 2004; [2004] 3 All ER 235; [2004] 3 WLR 666; [2005] QB 117
7 May 2004
CA
Lord Justice Latham Lady Justice Arden Mr Justice Holman
Contract, Litigation Practice
The claimant sought a declaration as to the ownership of an aircraft. Saying he had bought it in good faith from E H and S, who in turn similarly claimed to have bought it from Ebbs. The defendant had obtained a judgment that he was owner as against Mr Ebbs after the sale to E H and S, but before the sale to the claimant. Held: Since the issue of ownership had been determined before his purchase and against one through whom he claimed to derive title, the claim failed. The doctrine of privity applies in the same manner to a judgment determining the ownership of goods as it does to one determining the ownership of land.
Latham LJ expressed his conclusion: "where title to goods is in dispute . . a person claiming title is privy to the interests of those through whom he claims that title for the purposes of the operation of the doctrine of estoppel per rem judicatam but only if the title he claims was acquired after the date of the judgment."
Arden LJ said "Res judicata promotes the important public policy of finality in legal proceedings and thus legal certainty . . If there was no estoppel per rem judicatam in this situation the result would always be that a defendant to an action about the ownership of property could always avoid the result of an adverse judgment by disposing of the property before the judgment was enforced. That would clearly be an intolerable state of affair . . "
Holman J said: "If after A has obtained a final judgment establishing that a chattel belongs to A rather than B, A wishes to sell it, it is essential that a purchaser can rely on the judgment as against B for otherwise A cannot really benefit from his judgment. Any alternative view would lead to uncertainty and commercial chaos."
1 Cites

1 Citers

[ Bailii ]
 
Feldarol Foundry Plc v Hermes Leasing (London) Ltd and Another [2004] EWCA Civ 747
11 May 2004
CA

Contract, Consumer

[ Bailii ]
 
Morgan Grenfell Development Capital Syndications Ltd etc) v Arrows Autossports Ltd [2004] EWHC 1015 (Ch)
11 May 2004
ChD
Lindsay The Honourable Mr Justice Lindsay
Contract, Insurance
Liability under indemnity
1 Cites

[ Bailii ]

 
 Socimer International Bank Ltd v Standard Bank London Ltd; QBD 11-May-2004 - [2004] EWHC 1041 (Comm)
 
Mcalpine Pps Pipeline Systems Joint Venture v Transco Plc [2004] EWHC 2030 (QB); [2004] EWHC 2030 (TCC)
12 May 2004
TCC

Contract

[ Bailii ] - [ Bailii ]
 
Padden v Arbuthnot Pensions and Investments Ltd [2004] EWCA Civ 582
14 May 2004
CA
Lord Justice Buxton Lord Justice Kennedy Lord Justice May
Financial Services, Contract

1 Cites

1 Citers

[ Bailii ]
 
Dairy Containers Ltd v Tasman Orient Line Cv [2004] UKPC 22
20 May 2004
PC
Lord Bingham of Cornhill, Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Carswell, Dame Sian Elias
Contract, Transport
PC (New Zealand) The appeal concerned the correct interpretation of a damage limitation clause in a contract for the carriage of goods by sea. Held: Clause 6(B)(b)(i) must be construed in the context of the contract as a whole. The general rule is that if a party, otherwise liable, is to exclude or limit his liability or to rely on an exemption, he must do so in clear words. The deemed limitation provision to "£100 Sterling, lawful money of the United Kingdom per package or unit", gives effect to article IV rule 5 as if it were unqualified by article IX. The express limitation stated by the parties in clause 6(B)(b)(i) had the purpose of altering the limitation aspect of the Hague Rules and that effect had to be given to that contractual purpose.
Hague Rules
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Nelson v Greening and Sykes (Builders) Ltd. [2004] EWCA Civ 791
20 May 2004
CA

Land, Contract

[ Bailii ]
 
Petromec Inc v Petroleo Brasileiro SA Petrobrasbraspetro Oil Services etc [2004] EWHC 1180 (Comm)
20 May 2004
ComC
Mr Justice Moore-Bick
Contract

1 Cites

1 Citers

[ Bailii ]
 
G and A Ltd v HN Jewelry (Asia) Ltd [2004] EWCA Civ 674
27 May 2004
CA
Lord Justice Waller Lord Justice Johnathan Parker
Contract

[ Bailii ]
 
Dyer v Piclux Sa and Another [2004] EWHC 1266 (Comm)
28 May 2004
ComC

Company, Contract

[ Bailii ]
 
Murad, and Murad v Al-Saraj and Westwood Business Inc [2004] EWHC 1235 (Ch)
28 May 2004
ChD
Etherton, The Honourable Mr Justice Etherton
Contract, Torts - Other

1 Citers

[ Bailii ]
 
Irvin Dyer v Piclux SA [2004] EWHC 1266 (Comm)
2 Jun 2004
ComC
Mr Justice Langley
Contract, Company


 
Arief International Inc v Celador International Limited [2004] EWHC 1277 (Ch)
2 Jun 2004
ChD
Lindsay The Honourable Mr Justice Lindsay
Contract
The defendant refused to extend a contract licensing the claimant to produce in Indonesia, shows under the style of 'Who wants to be a Millionaire', saying that the claimant had broken a contract provision restricting alienation. Held: There had been an alienation of the production of the show, but not such as to allow, on a preliminary view, the contractual obligation by Celador to renew to be evaded.
[ Bailii ]
 
Hassan v Holburn and others [2004] EWCA Civ 789
9 Jun 2004
CA

Contract, Defamation
unfavourable references
[ Bailii ]
 
Macklin and others v Dowsett [2004] EWCA Civ 904
14 Jun 2004
CA

Land, Contract

[ Bailii ]
 
Lewis v Barnett (T/A Windmill Racing Stables) [2004] EWCA Civ 807
15 Jun 2004
CA

Contract

[ Bailii ]
 
Hopkins v T L Dallas Group Ltd and Another [2004] EWHC 1379 (Ch)
16 Jun 2004
ChD

Company, Contract

[ Bailii ]
 
Leche Pascual Sa v Collin and Hobson Plc [2004] EWCA Civ 700
17 Jun 2004
CA
Potter, Lord Justice Potter Mr Justice Bodey Lord Justice Carnwath
Contract

[ Bailii ]
 
Dar International Fef Co v Aon Ltd [2004] EWCA Civ 921
18 Jun 2004
CA

Contract

[ Bailii ]
 
Portsmouth City Football Club Ltd v Sellar Properties (Portsmouth) Ltd [2004] EWCA Civ 760
18 Jun 2004
CA

Land, Contract

[ Bailii ]
 
Connex South Eastern Ltd v MJ Building Services Group Plc [2004] EWHC 1518 (TCC); [2004] BLR 333
25 Jun 2004
TCC
Richard Havery QC J
Construction, Contract
The court was asked whether the existence of implied terms converts an otherwise written construction contract into one that is no longer a written contract for the purposes of Section 107. Richard Havery QC J said: "The first question I must consider is whether [the contract] was in writing, so as to fall within section 107 of the Act. Otherwise, the adjudicator would have no jurisdiction. Mr Ashton drew my attention to the case of RJT . . He submitted that the complete agreement. . must be in writing in order to fulfil the requirements of section 107. Mr Speaight submitted, and Mr Ashton agreed, that whichever approach is adopted, it was manifestly not the intention of Parliament to exclude from the jurisdiction of an adjudicator an agreement solely because it contains implied terms. I accept that very reasonable proposition."
Housing Grants, Construction and Regeneration Act 1996 107
1 Citers

[ Bailii ]

 
 Martin v David Wilson Homes Ltd; CA 28-Jun-2004 - [2004] EWCA Civ 1027; [2004] EGLR 77; A3/2004/0881
 
Ashborder Bv and others v Green Gas Power Ltd and others [2004] EWHC 1517 (Ch); [2005] 1 BCLC 623
29 Jun 2004
ChD
Etherton, The Honourable Mr Justice Etherton
Company, Contract

1 Cites

1 Citers

[ Bailii ]
 
Frans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd [2004] EWHC 1502 (Comm); [2004] 2 Lloyds Rep 251
30 Jun 2004
ComC

Agency, Contract, Vicarious Liability
A large volume of mobile phones were stolen from a warehouse. The owner claimed damages from the bailee. The defendant said that standard terms applied limiting their responsibility to value calculated by weight. Held: There was a bailment involving (though not perfectly) the standard BIFA terms. There was insufficient evidence to support proof of any additional or collateral contract to provide additional security. It appeared that the theft had taken place with the connivance or assistance of a member of the staff of the bailee. Was the employer vicariously liable? "vicarious liability is not established simply because the "guilty" servant had, by reason of his employment, the opportunity to commit the wrongdoing in question. To establish vicarious liability, more than a mere opportunity to commit wrongdoing must exist; there must be a close connection between the work the servant had been employed to do and the wrongdoing. " Here, the custody of the premises could not be divorced from the custody of the goods, and the company was liable. Was their liability limited by the terms? Limitation clauses were looked at less strictly than exclusion clauses, and the defendant was able to limit its liability in contract and negligence, and had done so. The 1977 Act did not prevent the limitation of liability in these circumstances.
Unfair Contract Terms Act 1977
1 Cites

1 Citers

[ Bailii ]
 
Sere Holdings Ltd v Volkswagen Group United Kingdom Ltd [2004] EWHC 1551 (Ch)
5 Jul 2004
ChD

Contract

1 Cites

[ Bailii ]
 
Allendale Ltd v Moualem [2004] EWCA Civ 915
6 Jul 2004
CA
Waller, Buxton LJJ
Contract, Limitation
A promissory note executed on 30 June 1988, payable on demand. The promissory note was executed as a deed and therefore was a speciality falling under section 8 of the Limitation Act 1980, with a limitation period of 12 years. No demand was made for payment under the note within the period of 12 years. It is, and has been recognised for nearly 200 years as the law, that a promissory note payable on demand is enforceable from the date of its execution, and not from the date of any demand.
1 Cites

[ Bailii ]

 
 Taylor v Rive Droite Music Ltd; ChD 6-Jul-2004 - [2004] EWHC 1605 (Ch)
 
Fal Oil Co. Ltd., Credit Agricole Indosuez (Suisse) Sa v Petronas Trading Corporation Sdn Bhd [2004] EWCA Civ 822
8 Jul 2004
CA
Lord Justice Buxton Lord Justice Judge Lord Justice Mance
Contract

[ Bailii ]

 
 Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd; TCC 8-Jul-2004 - [2004] EWHC 1660 (TCC)
 
Filobake Ltd v Rondo Ltd and Another [2004] EWCA Civ 944
9 Jul 2004
CA

Contract

1 Cites

1 Citers

[ Bailii ]
 
Heather v Griffiths [2004] EWCA Civ 1003
9 Jul 2004
CA

Contract

[ Bailii ]

 
 Portolana Compania Naviera Limited v Vitol Sa Inc, Vitol Sa of Switzerland; CA 12-Jul-2004 - [2004] EWCA Civ 864; Times, 24 August 2004

 
 Days Medical Aids Ltd v Pihsiang Machinery Manufacturing Co Ltd and others; CA 13-Jul-2004 - [2004] EWCA Civ 993; [2004] 1 All ER (Comm) 991; [2004] Eu LR 477; [2004] UKCLR 384
 
Ross v Mcgrath [2004] EWCA Civ 1054
14 Jul 2004
CA

Contract, Limitation

[ Bailii ]

 
 Back v Finland; ECHR 20-Jul-2004 - 37598/97; [2004] ECHR 360
 
Mirant-Asia Pacific Ltd and Another v Oapil and Another [2004] EWHC 1750 (TCC)
21 Jul 2004
TCC

Contract, Construction

[ Bailii ]
 
Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd [2004] EWHC 1778 (TCC)
22 Jul 2004
TCC

Contract, Limitation

Limitation Act 1980 35
1 Cites

1 Citers

[ Bailii ]
 
Primus Telecommunications Plc v Mci Worldcom International Inc. [2004] EWCA Civ 957
23 Jul 2004
CA
Lord Justice Mance Lord Justice Ward Sir Martin Nourse
Contract


 
Primus Telecommunications Plc v MCI Worldcom International Inc [2004] EWCA Civ 957
23 Jul 2004
CA

Contract

1 Cites

1 Citers

[ Bailii ]
 
Grosvenor v High-Point Rendel Group Plc [2004] EWHC 2407 (TCC)
27 Jul 2004
TCC

Contract

[ Bailii ]

 
 Brennan v Bolt Burdon and Others, London Borough of Islington, Leigh Day and Co; CA 29-Jul-2004 - [2004] EWCA Civ 1017; Times, 27 August 2004; [2005] QB 303; [2004] 3 WLR 1321
 
Philips Domestic Appliances and Personal Care Bv v Salton Europe Ltd and others [2004] EWHC 2092 (Ch)
30 Jul 2004
ChD

Contract

[ Bailii ]
 
Gleave v Holder [2004] EWCA Civ 1192
30 Jul 2004
CA

Contract
Misrepresentation at auction
[ Bailii ]
 
City Connect Management Ltd v Telia International Carrier UK and Another [2004] EWHC 2357 (TCC)
30 Jul 2004
TCC
Toulmin J
Contract
The parties sought the expenses incurred in negotiating a development contract which failed before the documents were signed.
1 Cites

[ Bailii ]
 
London Borough of Barnet v Barnet Football Club Holdings Ltd [2004] EWCA Civ 1191
30 Jul 2004
CA
Peter Gibson, Keene, Mauric Kay LJJ
Land, Contract
An application was made for the rectification of a transfer. Held: The fact that the contract has been negotiated by a person who is not the decision-taker and has made an error is irrelevant unless it can be shown that the decision-taker shared the intention of the negotiator; but that requires evidence. The negotiator for the Borough had made an error in the drafting of the contract, but he was not the decision-taker; those who took the decision for the Borough were not called to give evidence and it could not be inferred that they intended the Borough to contract other than in the form of the contract which the Borough executed.
1 Citers

[ Bailii ]

 
 Murray v Leisureplay Plc; QBD 5-Aug-2004 - [2004] EWHC 1927 (QB); [2005] IRLR 946
 
Firstdale Ltd v Quinton [2004] EWHC 1926 (Comm); Times, 27 October 2004
5 Aug 2004
ComC
Mr Justice Colman
Contract, Civil Procedure Rules
In the course of a long dispute, the defendant's solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: The nature of the claim had changed (it had been assigned) since the solicitors had given the indication, and the papers served direct were in respect of a different claim, for which an indication had not been given. The service stood. The notice of assignment of the debt was valid though not dated.
Civil Procedure Rules 6.5(4) - Law of Property Act 1925 136
1 Cites

[ Bailii ]
 
Pharmacy Care Systems Limited v The Attorney General [2004] NZCA 187
16 Aug 2004

McGrath J, Hammond J, O'Regan J
Contract
(Court of Appeal of New Zealand) The claimant had settled a dispute with a Health Authority which alleged it had overclaimed for pharmacy supplies. It now claimed that the settlement should be set aside as having been entered into under duress.
1 Cites

[ NZLII ]
 
Gurney Consulting Engineers v Pearson Pension Property Fund Limited, Pearson Nominees Limited [2004] EWHC 1916 (TCC)
2 Sep 2004
TCC
His Honour Judge Richard Seymour
Contract, Construction

[ Bailii ]
 
Chubb Insurance Company of Europe S.A.Andvivian Davies v Herbert Black, American Iron and Metal Company Incorporated, Lito Trade Incorporated [2004] EWHC 2138 (Comm)
23 Sep 2004
QBD
The Honourable Mr Justice Langley
Company, Contract, Insurance
Enforcement of contract of indemnity under guarantee of company given by director. Insurance claim.
[ Bailii ]
 
Judge v Crown Leisure Limited [2004] UKEAT 0443 - 04 - 2809; UKEAT/0443/04
28 Sep 2004
EAT
His Honour Judge McMullen QC
Employment, Contract
EAT The ET correctly found that a conversation between the Applicant and his manager at the office Christmas dance did not amount to an enforceable promise to increase pay, but were words of comfort. The claimant had not proved his case.
It is open to a tribunal, having heard all the evidence, to reach a conclusion on the facts which is inconsistent with the account advanced by either party.
1 Citers

[ Bailii ] - [ EATn ]
 
Ruttle Plant Hire Ltd v Secretary of State for the Environment, Food and Rural Affairs [2004] EWHC 2152 (TCC)
29 Sep 2004
TCC

Contract

[ Bailii ]
 
Trac Time Control Ltd v Moss Plastic Parts Ltd (T/A 'Rowan Plastic Parts Centre') and others [2004] EWHC 3298 (TCC)
30 Sep 2004
TCC
Grenfell J
Contract
The claimant complained of the quality of polycarbonates sold to it for its manufacture of lighting systems.
[ Bailii ]

 
 Bradley v The Jockey Club; QBD 1-Oct-2004 - [2004] EWHC 2164 (QB)
 
Mowlem Plc (T/A Mowlem Marine) v Stena Line Ports Ltd [2004] EWHC 2206 (TCC)
6 Oct 2004
TCC

Contract
Construction of 'if contract' for work at Holyhead ferry terminal.
1 Cites

[ Bailii ]
 
Jagdeo Sookraj v Buddhu Samaroo [2004] UKPC 50
12 Oct 2004
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Millett, Lord Scott of Foscote, Baroness Hale of Richmond
Commonwealth, Land, Contract
PC (Trinidad and Tobago) Each party claimed to have entered into a contract to purchase the same land. It was contended that one contract had been rescinded and replaced by another. The issue was whether this left the other contract which had been created second but before the rescission now with priority. Held: The contract had been varied, not rescinded. The basis of that finding was established, and the appeal by the second contractor failed.
1 Cites

[ Bailii ] - [ PC ]

 
 Cantor Fitzgerald International v Horkulak; CA 14-Oct-2004 - [2004] EWCA Civ 1287; [2005] ICR 402; [2004] IRLR 942

 
 Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc; HL 21-Oct-2004 - [2004] UKHL 46; [2005] RPC 9; (2005) 28(7) IPD 28049; [2005] 1 All ER 667; [2005] RPC 169
 
Bottin (International) Investments Ltd v Venson Group Plcgrant Scriven Clive Lawson Smith [2003] EWCA Civ 1368
22 Oct 2004
CA
Lord Justice Peter Gibson
Company, Contract
Under a share purchase agreement, "notice of the claim had to be made in writing "specifying such details of the event or circumstances giving rise to such claim as are available to the investor and an estimate (if capable of preparation by the investor) of the total amount of the warrantor's liabilities therefor claimed."
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Trade Credit Finance No Ltd and Another v Bilgin and others [2004] EWHC 2732 (Comm)
3 Nov 2004
ComC

Contract

1 Cites

[ Bailii ]
 
Bryen and Langley Limited v Boston [2004] EWHC 2450 (TCC)
4 Nov 2004
TCC
His Honour Judge Richard Seymour
Construction, Contract, Consumer

1 Citers

[ Bailii ]
 
Blackburn Chemicals Ltd v Bim Kemi Ab [2004] EWCA Civ 1490; Times, 22 November 2004
10 Nov 2004
CA
Lord Justice May Lord Justice Kennedy Lord Justice Longmore
European, Contract
The parties entered into exclusive cross marketing agreements. The defendant resisted enforcement of the contract saying it was void under European law, being contrary to Article 81. The parties were alleged to have agreed to make cross purchases. It was argued that the issue was res judicata. Held: The defendant could raise the issue before the award of damages was made. The article was intended to protect the public. The court had to see first whether there was an action estoppel, which could only be negated by fraud or collusion. If that did not apply, the court could look to see if there was a Henderson estoppel.
EC Treaty 81
1 Cites

[ Bailii ]
 
British Sugar Plc and International Presses Manufacturing Ipm SRL v Babbini S.R.L.,Lionello Morando Babbini,Fratelli Babbini Di Lionello Babbini and C. S.A.S.,Bf Engineering S.P.A. [2004] EWHC 2560 (TCC)
12 Nov 2004
TCC
His Honour Judge Richard Seymour
Jurisdiction, Contract

[ Bailii ]
 
Addison and others v Esso Petroleum Company Ltd Times, 16 November 2004; [2004] EWCA Civ 1470
12 Nov 2004
CA
Ward, Tuckey, Neuberger LJJ
Contract
Various licencees of the respondent challenged supply contracts under which Esso had the freedom to alter prices. Held: The agreements were effective to allow Esso to alter prices unless they were acting either arbitrarily or dishonestly. The agreement required Esso to measure the volume of its fuel when it was 'hot' when the petrol was loaded, even though as it colled when delivered the volume was slightly reduced.
1 Cites

1 Citers

[ Bailii ]
 
TFS Derivatives Ltd v Morgan [2004] EWHC 3181 (QB); [2005] IRLR 246
15 Nov 2004
QBD
Cox J
Employment, Contract
The claimant sought to enforce a post employment restrictive covenant. There was a 6 months' prohibition, post-termination of employment (less any period of garden leave) on any employment which was competitive with the business of a former employer. Held: When considering a restrictive covenant the court must first decide what it means when properly construed, secondly whether the former employers have a legitimate business interest requiring protection in relation to the employee's employment, and thirdly once such interests have been established the covenant must be shown to be no wider than is reasonably necessary for the protection of those interests. Even where the covenant is held to be reasonable the court will then finally decide whether, as a matter of discretion, injunctive relief should be granted having regard to its reasonableness at the time of trial. The court cannot blue pencil or sever parts of a restrictive covenant unless that can be done without changing the sense of the contract.
1 Cites

1 Citers

[ Bailii ]
 
Total Spares and Supplies Ltd and Another v Antares Srl and others [2004] EWHC 2626 (Ch)
16 Nov 2004
ChD
Mr Justice Richards
Contract

[ Bailii ]
 
Computer 2000 Distribution Ltd and others v ICM Computer Solutions Plc [2004] EWCA Civ 1634; Times, 29 December 2004
17 Nov 2004
CA
Lord Justice Chadwick Lord Justice Latham Lord Justice Judge
Contract
The claimant delivered computer equipment against a fraudulent invoice issued in the name of the defendant. Held: The loss here had to fall on an innocent party. Having delivered the equipment to the site requested, the claimant had done all it was obliged to do, and so was entitled to payment.
1 Cites

[ Bailii ]
 
South Caribbean Trading Ltd v Trafigura Beheer Bv [2004] EWHC 2676 (Comm); [2005] 1 Lloyd's Rep 128
22 Nov 2004
ComC
Colman J
Contract

1 Cites

[ Bailii ]
 
Technocrats International Inc v Fredic Ltd [2004] EWHC 2674 (QB)
23 Nov 2004
QBD
Field J
Contract
The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: "An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an "absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action." As I have said above, none of the assignments executed before November 2003 was signed by Mr James personally; instead they were all signed in his name by his wife with his authority. Were those assignments "under the hand of the assignor"? In my judgement, they were not. In my opinion, these words should be given their plain and ordinary meaning, and so construed, they require that the assignor himself should sign the assignment. They do not admit of the possibility of someone other than the assignor signing in the assignor's name."
Law of Property Act 1925 136
1 Citers

[ Bailii ]
 
Sembawang Corp Ltd v Pacific Ocean Shipping Corp and Another [2004] EWHC 2743 (Comm)
25 Nov 2004
ComC

Contract, Damages

1 Cites

[ Bailii ]
 
Contigroup Companies Inc v Glencore Ag [2004] EWHC 2750 (Comm)
25 Nov 2004
ComC
Ian Glick QC
Contract

[ Bailii ]
 
Department for Environment, Food and Rural Affairs v Feakins and Another Times, 29 December 2004
26 Nov 2004
ChD
Hart J
Contract, Torts - Other, Agriculture
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. Held: The department did not have power under the Act to bury slaughtered animals on land which was not occupied by their owner, and the counterclaim succeeded. However the defendant had displayed a readiness to dissemble in order to get his bank which had taken possession of the farm to resell it to the lady who was soon to be his wife without disclosing his relationship. The legislation was operative against someone who took part in a transaction at an undervalue. Mr Feakins knew that she would immediately resell the land for twice the amount once purchased when he, by arrangement, had already agreed to surrender his agricultural tenancy. Accordingly the transaction could be set aside.
Insolvency Act 1985 423 - Animal Health Act 1981 34
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Westoak Holdings Ltd v Waltham Forest [2004] EWCA Civ 1738
30 Nov 2004
CA

Contract

[ Bailii ]
 
Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others [2004] UKHL 54; Times, 03 December 2004; [2004] 1 WLR 3251; [2005] 1 All ER 191
2 Dec 2004
HL
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
Banking, Contract, Insurance
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in a way which reflected its commercial purpose, and a literal approach to interpretation was no longer appropriate.
Lord Steyn said: "The settlement contained in the Tomlin Order must be construed as a commercial instrument."
. . And "The aim of the inquiry was not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language.
The inquiry was objective; the question being what a reasonable person in the parties’ position would have understood the parties to have meant by the use of the specific language”
. . and "There has been a shift from literal methods of interpretation towards a more commercial approach." A settlement contained in a Tomlin Order must be construed as a commercial instrument."
Lord Steyn: "The aim of the enquiry is not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language. The enquiry is objective: the question is what a reasonable person, circumstanced as the parties were, would have understood the parties to have meant by use of specific language. The answer to that question is to be gathered from the text under consideration and its relevant contextual scene."
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1 Citers

[ House of Lords ] - [ Bailii ]
 
Stratfield Saye Estate Trustees v Ahl Construction Ltd [2004] EWHC 3286 (TCC)
6 Dec 2004
TCC

Contract

[ Bailii ]
 
Tom Flaherty v National Greyhound Racing Club Limited [2004] EWHC 2838 (Ch)
8 Dec 2004
ChD
The Hon Mr Justice Evans-Lombe
Contract, Natural Justice
The claimant alleged that his case had been dealt with unjustly and in breach of natural justice by the respondents.
1 Citers

[ Bailii ]
 
Plymouth South West Co-Operative Society Ltd v ASM [2004] EWHC 2938 (TCC)
9 Dec 2004
TCC
His Honour Peter Coulson Q.C.
Professional Negligence, Contract

[ Bailii ]
 
Ashfield Land Limited v Mallan Limited Meritcape Limited [2004] EWHC 2815 (Ch)
9 Dec 2004
ChD
The Hon Mr Justice Lightman
Land, Contract

[ Bailii ]
 
Patel v Naik [2004] EWHC 3424 (QB)
10 Dec 2004
QBD

Contract

[ Bailii ]
 
Mitsubishi Corporation v Eastwind Transport Ltd. and others [2004] EWHC 2924 (Comm)
15 Dec 2004
ComC

Contract
Validity of exemption clauses
[ Bailii ]
 
Cambridge Antibody Technology v Abbott Biotechnology Ltd and Another [2004] EWHC 2974 (Pat); [2005] FSR 590
20 Dec 2004
Patc
Laddie J
Intellectual Property, Contract, Equity
Rectification of an agreement was sought. Held: Laddie J rejected a submission that evidence of the subjective state of mind of one of the parties contained in statements which had not been communicated to the other party ("crossed the line") was inadmissible. I
1 Citers

[ Bailii ]
 
Newgate Stud Company, Newgate Stud Farm Llc v Anthony Penfold, Penfold Bloodstock Limited [2004] EWHC 2993 (Ch)
21 Dec 2004
ChD
The Hon Mr Justice Richards
Contract
The claimants sought damages from the defendant. He had been employed to manage their horse-racing activities, and it was alleged that he had made secret profits. The defendant denied any dishonesty, saying all matters were known to the deceased principal of the claimants. Held: The defendant had withheld disclosure of his possible personal interests in some transactions. However, the relationship was not one which gave rise to such a conflict as to impose on Mr Penfold the legal onus of demonstrating that it was a fair dealing.
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[ Bailii ]
 
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