The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant sought payment of sums remaining due under the contracts entered into by consumers, but the defendant counterclaimed saying that the decision to enter administration was a repudiation with associated losses. The claimant now sought summary judgment.
Held: The application was granted.
Judges:
Andrew Baker J
Citations:
[2018] EWHC 49 (Comm), [2018] WLR(D) 39
Links:
Bailii, WLRD, Judiciary, Judiciary Summary
Jurisdiction:
England and Wales
Citing:
Cited – Maple Flock Co v Universal Furniture Products (Wembley) Ltd CA 1934
The court considered the effect of a breach in a contract for delivery by instalments.
Held: The chief considerations are first, the ratio quantitatively which the breach bears to the contract as a whole, and secondly, the degree of . .
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Cited – Key2Law (Surrey) Llp v De’Antiquis CA 20-Dec-2011
. .
Cited – Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd CA 23-May-2013
. .
Cited – Monarch Airlines Ltd, Regina (on The Application of) v Airport Coordination Ltd CA 22-Nov-2017
. .
Cited – Boston Deep Sea Fishing and Ice Co v Ansell CA 1888
An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud.
Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract . .
Cited – Yeoman Credit Ltd v Waragowski CA 1961
The defendant had paid the initial deposit for and took delivery on hire-purchase terms of a van, but made no monthly hire-purchase instalments. The plaintiff terminated, took possession of the van and sued for hire-purchase arrears and damages. . .
Cited – Financings Ltd v Baldock CA 1963
The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
Held: Where an . .
Cited – Financings Ltd v Baldock CA 1963
The hirer took delivery of a vehicle under an HP contract. he plaintiff exercised a contractual right to terminate the hiring and take possession of the vehicle when the defendant failed to pay the first two monthly instalments.
Held: Where an . .
Cited – Lombard North Central v Butterworth CA 31-Jul-1986
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment . .
Cited – Vitol Sa v Norelf Ltd HL 10-Jul-1996
(The Santa Clara) The seller was to deliver propane by a ship set to leave on a certain date. The market was falling. The buyer, when it was clear that the ship would be unable to leave on the day fixed, sent a telex to say that the contract was . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd HL 1974
The court considered how to construe a clause in a contract which excluded a remedy provided by law. Lord Diplock said: ‘It is, of course, open to parties to a contract . . to exclude by express agreement a remedy for its breach which would . .
Cited – And So To Bed Ltd v Dixon 2001
The defendants, Mr and Mrs Dixon, were franchisees of an ‘And So To Bed’ shop. The franchise was terminated by the claimant, purportedly under a clause of the franchise agreement which entitled the claimant summarily to terminate the agreement for . .
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
Cited – Stocznia Gdanska Sa v Latvian Shipping Company and others CA 23-Jul-2002
Application for leave to appeal to the House of Lords refused. . .
Cited – Leofelis Sa and Another v Lonsdale Sports Ltd 7 Ors ChD 8-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.
Contract, Utilities
Updated: 29 May 2022; Ref: scu.606402