Themehelp Ltd v West and Others: CA 2 May 1995

Guarantor’s obligations not affected save by matters outside the guarantee. The beneficiary of a guarantee was restrained from enforcement of it whilst an allegation of fraud remained unresolved.

Citations:

Ind Summary 26-Jun-1995, Times 02-May-1995

Jurisdiction:

England and Wales

Contract, Litigation Practice

Updated: 21 January 2023; Ref: scu.89853

New Hampshire Insurance Co and Others v MGN Ltd and Others (No 1): CA 15 Jun 1995

A court should not hear evidence of a common undisclosed intent to construe a written contract.

Judges:

Staughton LJ

Citations:

Times 25-Jul-1995

Jurisdiction:

England and Wales

Cited by:

CitedScottish Power Plc v Britoil (Exploration) Limited CA 18-Nov-1997
Five contracts existed regarding sale of natural gas from a field in the North Sea. The parties disputed whether the terms prevented the sale of gas to others.
Held: ‘On the language of the contract, the Sellers are not entitled to sell gas to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 21 January 2023; Ref: scu.84264

Associated Dairies Ltd v Baines and Others: CA 6 Jul 1995

A milkman’s round agreement with the dairy supplying him with milk for sale, was registerable as a restrictive agreement if the words so require despite alternative remedies, and even though in this instance it might be borderline.

Citations:

Gazette 19-Jul-1995, Times 06-Jul-1995

Statutes:

Restrictive Trade Practices Act 1976 9(3)

Jurisdiction:

England and Wales

Citing:

Appealed toMD Foods v Baines and others; Associated Dairies Ltd v Baines and Others HL 27-Feb-1997
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade . .

Cited by:

Appeal fromMD Foods v Baines and others; Associated Dairies Ltd v Baines and Others HL 27-Feb-1997
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade . .
Lists of cited by and citing cases may be incomplete.

Contract, Commercial

Updated: 21 January 2023; Ref: scu.77920

Secure Capital Sa v Credit Suisse Ag: CA 6 Oct 2017

The court was asked whether an investor with an interest in Notes issued in bearer form and held through the Clear stream system has a direct claim for breach of contract against the issuer of the Notes, in respect of an alleged breach of the misleading statements term.

Judges:

Beatson, David Richards, Irwin LJJ

Citations:

[2017] EWCA Civ 1486

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 21 January 2023; Ref: scu.595818

Secretary of State for Defence v Turner Estate Solutions Ltd: TCC 30 Apr 2015

The defendant company had contracted for construction works at HMNB Clyde. The contract provided for payment to vary according to actual costs and a profit margin, but subject to a maximum. The costs would now well exceed the maximum charge, and argued that since the parties had ceased to use the change procedures, it was entitled to renegotiate and claim their actual costs and a profit margin.

Judges:

Coulson J

Citations:

[2015] EWHC 1150 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Contract

Updated: 31 December 2022; Ref: scu.546221

Taylor v Bhail: CA 1 Nov 1995

A contract involving a fraudulent insurance claim will not be enforced by courts.

Judges:

Sir Stephen Brown P, Russell LJ, Millett LJ

Citations:

Ind Summary 20-Nov-1995, [1995] EWCA Civ 54, [1996] CLC 377, 50 Con LR 70

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedSQ v RQ and Another FD 31-Jul-2008
The home in which the family had lived was held in the name of a brother. Each party claimed that it was held in trust for them. Chancery proceedings had been consolidated into these ancillary relief applications. The home had been in the husband’s . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 20 December 2022; Ref: scu.89741

Boulton v Jones: CEC 25 Nov 1857

Supply contract not assignable without consent

The defendant sent a written order for goods to a shop owned by Brocklehurst and which was addressed to him by name. Unknown to the defendant, Brocklehurst had earlier that day sold and transferred his business to Boulton. Boulton fulfilled the order and delivered the goods to the defendant without notifying him that he had taken over the business. The defendant accepted the goods and consumed them in the belief that they had been supplied by Brocklehurst. When he received Boulton’s invoice he refused to pay it, claiming that he had intended to deal with Brocklehurst personally, since he had dealt with him previously and had a set-off on which he had intended to rely.
Held: The defendant was not liable for the price. There was no contract.
Pollock CB said: ‘Now the rule of law is clear, that if you propose to make a contract with A, then B cannot substitute himself for A without your consent and to your disadvantage, securing to himself all the benefit of the contract.’
Bramwell B said: ‘I do not lay it down that because a contract was made in one person’s name another person cannot sue upon it, except in cases of agency. But when any one makes a contract in which the personality, so to speak, of the particular party contracted with is important, for any reason, whether because it is to write a book or paint a picture, or do any work of personal skill, or whether because there is a set-off due from that party, no one else is at liberty to step in and maintain that he is the party contracted with, that he has written the book or painted the picture, or supplied the goods; and that he is entitled to sue, although, had the party really contracted with sued, the defendant would have had the benefit of his personal skill, or of a set-off due from him.’
Channell B: ‘The plaintiff is clearly not in a situation to sustain this action, for there was no contract between himself and the defendant. The case is not one of principal and agent; it was a contract made with B, who had transactions with the defendant and owed him money, and upon which A seeks to sue.’
Martin B said: ‘Where the facts prove that the defendant never meant to contract with A alone, B can never force a contract upon him; he has dealt with A, and a contract with no one else can be set up against him.’

Judges:

Pollock CB, Martin B, Bramwell B, Channell B

Citations:

(1857) 2 H and N 564, [1857] EngR 935, (1857) 157 ER 232

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedShogun Finance Limited v Hudson HL 19-Nov-2003
Thief acquired no title and could not sell
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car.
Held: (Lords Nicholls and Millett . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 December 2022; Ref: scu.188455

Barclays Bank Plc v Fairclough Building Ltd (No 2): CA 15 Feb 1995

Contractors taking on building work should be assumed to have taken account of the possible presence of asbestos when quoting for the work.

Citations:

Times 15-Feb-1995, Ind Summary 20-Feb-1995

Jurisdiction:

England and Wales

Citing:

See alsoBarclays Bank Plc v Fairclough Building Ltd CA 11-May-1994
Contributory negligence is no defence to a claim which was made out strictly in contract only. . .

Cited by:

See alsoBarclays Bank Plc v Fairclough Building Ltd CA 11-May-1994
Contributory negligence is no defence to a claim which was made out strictly in contract only. . .
Lists of cited by and citing cases may be incomplete.

Contract, Construction

Updated: 09 December 2022; Ref: scu.78203

Burnett v Westminster Bank Ltd: ChD 1965

The plaintiff had a cheque account at the Borough Branch and drew a cheque on the cheque forms which had been provided. He crossed out the word `Borough’ and put in `Bromley’. He altered the address and he initialled the cheque. Later he decided to stop payment on the cheque, telephoning the Bromley Branch and informing them of this decision. The cheque had passed through the computer system which could not read the alterations made by the plaintiff. The cheque itself was forwarded to the Borough Branch at which the employees were unaware of the stop-payment instructions. At the end of the suspense period, the amount of the cheque was debited to the plaintiff’s account at the Borough Branch.
Held: The bank was unsuccessful in its contention that a new practice utilising the introduction of magnetic ink characters seeking to restrict cheques to the particular account for which they had been prepared, had been consensually agreed to by the customer. Notice of a change in condition oin cheque book covers was ineffective. A stop instruction from a bank’s customer applies to all accounts at the same branch if a specific account is not specified.
The bank is the debtor of the customer, whether the customer has a current or deposit account.

Judges:

Mocatta J

Citations:

[1966] 1 QB 742, [1965] 3 All ER 81

Jurisdiction:

England and Wales

Banking, Contract

Updated: 09 December 2022; Ref: scu.448095

Investors Compensation Scheme Ltd v West Bromwich Building Society; Etc: ChD 10 Oct 1996

Part of a chose in action is not capable of being validly separately assigned in order to stop a court action.

Citations:

Times 10-Oct-1996

Jurisdiction:

England and Wales

Cited by:

Appeal fromInvestors Compensation Scheme Ltd v West Bromwich Building Society and Others CA 1-Nov-1996
Public policy rendered an assignment of a remedy void, where the assignment was an attempt to split it from another remedy. For the purpose of construing a contract the law excludes from the admissible factual background the previous negotiations of . .
At First InstanceInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Contract

Updated: 09 December 2022; Ref: scu.82415

Philips Electronic Grant Public Sa and Another v British Sky Broadcasting Ltd: CA 31 Oct 1994

The implication of an additional term into a contract is dependant on it being the sole solution. As to the implication of terms generally: ‘The question whether a term should be implied, and if so what, almost inevitably arises after a crisis has been reached in the performance of the contract. So the court comes to the task of implication with the benefit of hindsight, and it is tempting for the court then to fashion a term which will reflect the merits of the situation as they then appear. Tempting, but wrong.’

Judges:

Sir Thomas Bingham M.R., Stuart-Smith and Leggatt L.JJ

Citations:

Ind Summary 31-Oct-1994, [1995] EMLR 472

Jurisdiction:

England and Wales

Citing:

ApprovedBP Refinery (Westernport) Pty Ltd v The Shire of Hastings PC 1977
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract.
Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a . .

Cited by:

CitedJohn Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd TCC 25-Jul-2005
The defendant had taken a dispute to adjudication, but then abandoned those proceedings, upon which the adjudicator awarded costs against the defendant which the claimant now sought to enforce. The defendant argued that the award was outside the . .
CitedBradmount Investments Ltd v Williams De Broe Plc and others ChD 10-Nov-2005
The claimants alleged that the defendants had wrongfully induced a breach of contract. There had been a proposal to float a company on the AIM. It was put to the defendant under protection of an agreement so that they might consider working as . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 01 December 2022; Ref: scu.84709

Woodeson and Another v Credit Suisse (UK) Ltd: CA 17 May 2018

Appeal from a decision to grant the defendant bank summary judgment in respect of certain of the claimants’ claims. The result of the judgment is that the claimants can pursue a claim in deceit and contend that such claim is neither time-barred nor precluded by anti-set off provisions in their contract with the bank. No other claim is permissible. That is because it is arguable that the time for a deceit claim (as opposed to claims for negligent advice or breach of statutory duty) is extended pursuant to section 32 of the 1980 Act and that the anti-set off provisions may be unreasonable clauses within the relevant statutory provisions, on which the bank may not rely.

Judges:

Longmore, Leggatt LJJ

Citations:

[2018] EWCA Civ 1103

Links:

Bailii

Statutes:

Limitation Act 1980 32

Jurisdiction:

England and Wales

Cited by:

CitedBoyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.

Banking, Limitation, Contract, Torts – Other

Updated: 27 November 2022; Ref: scu.616341

Darlington Borough Council v Wiltshier Northern Ltd and Others: CA 29 Jun 1994

The council owned land on which it wanted to build a recreational centre. Construction contracts were entered into not by the council but by a finance company, the building contractors being the respondents Wiltshier Northern Ltd. The finance company then assigned to the council its rights under the building contracts, and the council claimed damages from the builders for breach of the contracts. The builders took the point that the council, as assignee, had no greater rights under the contracts than the finance company had and that, as the finance company did not own the site, it had suffered no loss.
Held: A third party may sue on a contract to recover damages for defects if the benefit of a building contract was intended for them and had been assigned to him. Where there is a right to have an assignment of any cause of action accruing to the employer against the contractor, the exception in Albazero may still apply so as to enable the assignee to recover substantial damages. The fact that the innocent party did not receive the bargain for which he contracted is itself a loss: ‘he suffers a loss of bargain or of expectation interest.’
Steyn LJ: ‘in the case of a building contract, the prima facie rule is cost of cure, i.e., the cost of remedying the defect: East Ham Corporation v. Bernard Sunley and Sons Ltd. [19661 A.C. 406. But where the cost of remedying the defects involves expense out of all proportion to the benefit which could accrue from it, the court is entitled to adopt the alternative measure of difference of the value of the works . . .’

Judges:

Dillon, Waite and Steyn LJJ

Citations:

Times 04-Jul-1994, Independent 29-Jun-1994, Gazette 12-Oct-1994, [1995] 1 WLR 68

Jurisdiction:

England and Wales

Citing:

CitedAlbacruz (Cargo Owners) v Albazero ‘The Albazero’ HL 1977
The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for . .
AppliedDunlop v Lambert HL 16-Jun-1839
A cargo of whisky was lost in carriage by sea between Leith and Newcastle. A second shipment was made and the loss was claimed. The House was asked whether ‘in a question between a carrier and the person to whom the carrier is responsible in the . .
CitedEast Ham Corporation v Bernard Sunley and Sons Ltd HL 1965
In cases in which the plaintiff is seeking damages for the defective performance of a building contract, which is a contract for labour and materials, the normal measure of his damages is the cost of carrying out remedial work, or re-instatement. . .

Cited by:

CitedAlfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue . .
CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
CitedPegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
CitedLowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
Lists of cited by and citing cases may be incomplete.

Contract, Construction

Updated: 24 November 2022; Ref: scu.79806

EMW Law Llp v Halborg: ChD 14 Oct 2016

The claimant solicitors had been instructed under a conditional fee agreement, to act in litigation for the defendant solicitor, himself acting for his parents and a company owned by him. Though the case was one the defendant in the case refused to pay the legal bill, but then, the claimant said, paid those costs across to the now defendant.

Judges:

Master Clark

Citations:

[2016] EWHC 2526 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoEMW Law Llp v Halborg ChD 22-May-2015
. .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Contract

Updated: 23 November 2022; Ref: scu.570339

Mengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others: ChD 11 Dec 2014

The Claimants asserted that judgments in Ethiopia were obtained by perjury and fraudulent means in particular by the deliberate withholding of material evidence. They also claimed that the Ethiopian Courts were biased against them.

Judges:

Peter Smith J

Citations:

[2014] EWHC 4196 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Experts) ChD 22-Mar-2013
Consideration of the protocol for the instruction of experts . .
See AlsoMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others (Jurisdiction) ChD 22-Mar-2013
The case was broght in respect of a foundation in Ethiopia; the parties were alll Ethiopian, the assets and the law. The defendants disputed that the English court had jurisdiction. . .
See AlsoMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 25-Mar-2013
Application for leave to appeal – refused. . .
See AlsoMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 26-Mar-2013
The defendants were seeking an order for wasted costs against the solicitors for the claimants. The claimants had requested the judge to recuse himself from hearing that complaint. He now gave his reasons for refusing that request. . .
See AlsoMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others ChD 1-May-2013
Judgment on wasted costs after findings critical of an expert witness. . .
CitedMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others CA 14-Aug-2013
The solicitors appealed against the making of a wasted costs order against them. . .

Cited by:

See AlsoMengiste and Another v Endowment Fund for The Rehabilitation of Tigray and Others CA 11-Nov-2015
Appeal against refusal to lift a stay on the proceedings. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 20 November 2022; Ref: scu.539970

Laminates Acquisition Co v BTR Australia Ltd: ComC 31 Oct 2003

The claimant sought damages for breach of a company share sale agreement. The seller had given a warranty that it was not involved in any undisclosed litigation. An anti-trust investigation had been begun in the US.
Held: In this case the seller could not demonstrate that it had complied with its own obligations under the warranties, and was therefore precluded from itself relying upon other provisions within the contract.

Citations:

[2003] EWHC 2540 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

MentionedA/S Rendal v Arcos Ltd HL 1937
. .
CitedMannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
CitedSenate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd) CA 22-Jun-1998
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 . .
MentionedOdebrecht Oil and Gas Services Ltd v North Sea Production Co Ltd ChD 10-May-1999
. .

Cited by:

CitedForrest and others v Glasser and Another CA 31-Jul-2006
The claimants appealed a preliminary decision against them as to whether they had correctly served a sufficient notice of their intention to make a claim in a commercial investment syndicate agreement.
Held: The claimants’ solicitor had . .
Lists of cited by and citing cases may be incomplete.

Company, Contract

Updated: 19 November 2022; Ref: scu.187335

Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd: HL 26 Nov 1981

Even though a shipowner who had carried cargo on deck was not entitled to rely on the exceptions to liability in his contract, a limitation clause was different and should not be construed by reference to the specially exacting standards applicable to exclusion and indemnity clauses. The words of exclusion must be clear and unambiguous, and should, failing this, be construed strictly against the proponent (contra preferentem) and is seeking to rely on them.
Lord Fraser said: ‘these principles [i.e., those applicable to exclusion and indemnity clauses] are not applicable in their full rigour when considering the effect of clauses merely limiting liability. Such clauses will of course be read contra proferentem and must be clearly expressed , but there is no reason why they should be judged by the specially exacting standards which are applied to exclusion and indemnity clauses. The reason for imposing such standards on these clauses is the inherent improbability that the other party to a contract including such a clause intended to release the proferens from a liability that would otherwise fall upon him. But there is no such high degree of improbability that he would agree to a limitation of the liability of the proferens, especially when . . the potential losses that might be caused by the negligence of the proferens or its servants are so great in proportion to the sums that can reasonably be charged for the services contracted for . .’
Lord Wilberforce said that limitation clauses are not viewed with the same hostility as are exclusion clauses.

Judges:

Lord Fraser, Lord Wilberforce

Citations:

[1983] 1 WLR 964, [1981] UKHL 12, [1983] 1 All ER 101, 1982 SLT 377

Links:

Bailii

Statutes:

Hague Rules

Jurisdiction:

England and Wales

Citing:

CitedCanada Steamship Lines Ltd v The King PC 21-Jan-1952
A lease of a freight shed exonerated the lessor from ‘any claim . . for . . damage . . to . . Goods . . being . . in the said shed’ and requiring the lessee to indemnify the lessor ‘from and against all claims’. The negligent use of an oxy-acetylene . .

Cited by:

CitedDaewoo Heavy Industries Ltd and Another v Klipriver Shipping Ltd and Another CA 3-Apr-2003
The carrier had loaded the cargo on the ship’s deck, despite a clause requiring it to be stowed in a hold. The charterparty sought to use the breach to remove the carrier’s limit of liability. The older form of Hague rules applied.
Held: It . .
AppliedBovis Construction (Scotland) Ltd v Whatlings Construction Ltd HL 19-Oct-1995
The managing contractors sought damages from a sub-contractor. The contract was on a printed form and in letters. A letter limited time related damages to pounds 100,000. The main contractors sought a much larger sum.
Held: A clause seeking to . .
CitedAmiri Flight Authority v BAE Systems Plc CA 17-Oct-2003
The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued . .
CitedFrans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd ComC 30-Jun-2004
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 . .
CitedHIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
CitedGeorge Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd CA 29-Sep-1982
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their . .
CitedSociete Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
Lists of cited by and citing cases may be incomplete.

Contract, Transport, Scotland

Updated: 18 November 2022; Ref: scu.181088

Novasen Sa v Alimenta Sa: ComC 27 Feb 2013

Arbitration appeal raising issues concerning the construction and application of the FOSFA Prohibition and Default Clauses, and the relevance of subsequent events to the assessment of damages in accordance with common law principles.

Judges:

Popplewell J

Citations:

[2013] EWHC 345 (Comm), [2013] Bus LR D79, [2013] 1 CLC 405, [2013] 2 All ER (Comm) 162, [2013] 1 Lloyd’s Rep 648

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedBunge Sa v Nidera Bv SC 1-Jul-2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 14 November 2022; Ref: scu.471225

Kilmer v The British Columbia Orchard Lands Limited: PC 26 Feb 1913

British Columbia

Judges:

Lord Moulton

Citations:

[1913] UKPC 10

Links:

Bailii

Jurisdiction:

Canada

Citing:

ApprovedIn re Dagenham (Thames) Dock Co; Ex parte Hulse CA 1873
The Court of Appeal in chancery heard an appeal from the Master of the Rolls from his refusal of the Master of the Rolls to make a declaration in the winding up of the purchaser company. The purchaser had sought a direction that if the balance of . .

Cited by:

CitedCavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.

Contract, Equity

Updated: 09 November 2022; Ref: scu.467453

Bunge Sa v Kyla Shipping Company Ltd: ComC 10 Dec 2012

Judges:

Flaux J

Citations:

[2012] EWHC 3522 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBank Line Ltd v Arthur Capel and Co HL 12-Dec-1918
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The . .

Cited by:

Appeal fromKyla Shipping Company Ltd v Bunge Sa CA 20-Jun-2013
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 09 November 2022; Ref: scu.467262

Templeton Insurance Ltd and Another v Brunswick and Others: ChD 31 May 2012

Templeton Insurance Limited and Knox D’Arcy Operations Limited claim against the defendant for allegedly dishonest breaches of contractual obligations and of fiduciary duties, which breaches are alleged to be fraudulent or to constitute fraudulent breaches of trust on his part.

Judges:

Simon Barker C HHJ

Citations:

[2012] EWHC 1522 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Trusts, Contract

Updated: 09 November 2022; Ref: scu.466273

Ross River Ltd and Another v Waverly Commercial Ltd and Another: ChD 9 Oct 2012

Judges:

Morgan J

Citations:

[2012] EWHC 3006 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoRoss River Ltd and Another v Waveley Commercial Ltd and Others ChD 25-Jan-2012
The parties disputed the content and effect of a joint venture agreement. . .
See AlsoRoss River Ltd and Another v Waveley Commercial Ltd and Others ChD 6-Sep-2012
. .

Cited by:

See AlsoRoss River Ltd and Another v Waveley Commercial Ltd and Others CA 29-Jul-2013
Breach of fiduciary duty in development contract . .
Lists of cited by and citing cases may be incomplete.

Contract, Costs

Updated: 06 November 2022; Ref: scu.465529

Ross River Ltd and Another v Waveley Commercial Ltd and Others: ChD 6 Sep 2012

Judges:

Morgan J

Citations:

[2012] EWHC 2487 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoRoss River Ltd and Another v Waveley Commercial Ltd and Others ChD 25-Jan-2012
The parties disputed the content and effect of a joint venture agreement. . .

Cited by:

See AlsoRoss River Ltd and Another v Waverly Commercial Ltd and Another ChD 9-Oct-2012
. .
See AlsoRoss River Ltd and Another v Waveley Commercial Ltd and Others CA 29-Jul-2013
Breach of fiduciary duty in development contract . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 November 2022; Ref: scu.464605

FG Wilson (Engineering) Ltd v John Holt and Company (Liverpool) Ltd: ComC 5 Sep 2012

Judges:

Popplewell J

Citations:

[2012] EWHC 2477 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At ComCCaterpillar (NI) Ltd v John Holt and Company (Liverpool) Ltd CA 13-Jun-2013
Series of applications in relation to a pending appeal . .
At ComCCaterpillar (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 . .
CitedPST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another (Res Cogitans) ComC 14-Jul-2015
The OW Bunker Group had gone into insolvency. Purchasers from them were no concerned at the possibility, under the industry standard tersm, of having to pay twice.
Held: The owners’ appeal from the arbitration award failed.
The court . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 November 2022; Ref: scu.464280

Flood v Shand Construction Limited; Morrison Shand Construction Limited and Morrison Construction Limited: CA 18 Dec 1996

A clause limiting an assignment to sums due and payable did not include the costs of investigation.

Citations:

Times 08-Jan-1997, [1996] EWCA Civ 1241

Jurisdiction:

England and Wales

Cited by:

See AlsoFloods of Queensferry Limited v Shand Construction Limited, Morrison Shand Limited, Morrison Construction Limited QBD 13-Feb-1997
. .
Lists of cited by and citing cases may be incomplete.

Construction, Contract

Updated: 04 November 2022; Ref: scu.80610

Park Promotion Ltd (T/A Pontypool Rugby Football Club) v The Welsh Rugby Union Ltd: QBD 11 Jul 2012

The Pontypool rugby club challenged the defendant’s decision to relegate it from the Premier Division on re-organisation of the leagues in which they played. Clubs which remained in the division did not meet the licensing requirements for membership.

Judges:

Sir Raymond Jack

Citations:

[2012] EWHC 1919 (QB)

Links:

Bailii

Contract

Updated: 03 November 2022; Ref: scu.462545

Pappadakis v Pappadakis: ChD 19 Jan 2000

Where a party sought rectification of a contract to supply into the contract an element without which the contract was intrinsically invalid, that application could only succeed if there was clear and convincing evidence that the parties had intended another effect, and precisely what that effect was. Here an assignment to unidentified trustees which was ineffective because of the uncertainty could not be repaired since the evidence required was not available.

Citations:

Times 19-Jan-2000

Jurisdiction:

England and Wales

Equity, Contract

Updated: 03 November 2022; Ref: scu.84560

Investors Compensation Scheme Ltd v West Bromwich Building Society and Others: CA 1 Nov 1996

Public policy rendered an assignment of a remedy void, where the assignment was an attempt to split it from another remedy. For the purpose of construing a contract the law excludes from the admissible factual background the previous negotiations of the parties. This is due to ‘reasons of practical policy’. What is said in the course of negotiations provides too uncertain a guide as to what is the position between contracting parties when later they commit themselves finally by their contract.

Judges:

Leggatt LJ, Swinton Thomas LJ, Mummery LJ

Citations:

Times 08-Nov-1996, [1996] EWCA Civ 862

Jurisdiction:

England and Wales

Citing:

Appeal fromInvestors Compensation Scheme Ltd v West Bromwich Building Society; Etc ChD 10-Oct-1996
Part of a chose in action is not capable of being validly separately assigned in order to stop a court action. . .

Cited by:

CitedP and S Platt Ltd v Crouch and Another CA 25-Jul-2003
The claimant sought a declaration that certain easements had been included by implication in a conveyance of part of land to him.
Held: Since the easements were capable of subsisting at law, and existed as quasi-easements at the time, and did . .
Appeal fromInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedKay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust CA 20-Jul-2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Contract

Updated: 03 November 2022; Ref: scu.82414

Tael One Partners Ltd v Morgan Stanley and Co International Plc: ComC 9 Jul 2012

Each party sought summary judgment.
Held: Popplewell J granted Tael’s application and dismissed Morgan Stanley’s. The payment premium was similar to interest and performed an analogous function. The cost of the borrowing was more than the interest of 11.25% per annum, but only that amount required to be paid out of cash flow three monthly in arrears. The remainder of the cost of borrowing was deferred and became payable, in the form of the payment premium, whenever the loan was repaid to a particular lender or all the lenders. The payment premium was therefore part of the consideration for the loan, and was calculated by reference to the period for which the borrower had the use of the money in just the same way as was the entitlement to ‘interest’ described as such.

Judges:

Popplewell J

Citations:

[2012] EWHC 1858 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At first instanceTael One Partners Ltd v Morgan Stanley and Co International Plc SC 11-Mar-2015
This appeal raises a question of contractual interpretation. Its significance lies in the fact that the contractual condition in question forms part of the Loan Market Association standard terms and conditions for par trade transactions which are a . .
At First InstanceTael One Partners Ltd v Morgan Stanley and Co International Plc CA 1-May-2013
Morgan Stanley appealed against summary judgment given against it in respect of the application of the terms of a standard form assignment of a Loan agreement.
Held: The words ‘which are expressed to accrue by reference to the lapse of time’, . .
Lists of cited by and citing cases may be incomplete.

Contract, Financial Services

Updated: 03 November 2022; Ref: scu.462428

Bence Graphics International Ltd v Fasson UK Ltd: CA 24 Oct 1996

Bench sold vinyl film to Fasson for decals to identify sea-borne bulk containers. A term required the film to be legible condition for at least five years. Fasson sold them to container manufacturers who supplied the containers marked with the decals to shipping lines. Some became illegible. Fasson brought an action for breach of warranty. The trial judge held that the prima facie measure of damages under section 53(3) had not been displaced and awarded pounds 564,328 damages based on the difference between the value of the goods (measured by the purchase price) at the time of delivery and the value they would have had if the warranty been fulfilled.
Held: (Majority) The Bence’s appeal succeeded. The loss for a latent defect discovered after a sale on, was the Plaintiff’s actual loss. Damages for breach of warranty on sale of goods are to be assessed by the court. The parties had contemplated when the warranty was given (a) that the goods sold would only be used in making a product which would be sold on to customers requiring five year durability; (b) that any defect in the film would not have been detected on delivery or in the process of manufacture; and (c) that, if there was a defect, the end users would claim damages against the container owners, who would claim against the manufacturers, who would claim against the plaintiffs. The damages should be based on the buyer’s liability to the subsequent or ultimate users. The judgment was reduced to pounds 22,000, being the cost of unused and defective material returned to the plaintiffs. The defendants had compensated the plaintiffs for the only claim that had been made on them; and there were no others in prospect.
Otton LJ distinguished Slater because there the sub-sale was of the same goods and the seller did not know of the contemplated sub-sale; In this case the goods were substantially converted or processed by the buyer and the sellers were aware of the precise use to which the film was to be put when the contract was made. He rejected the submission that a conclusion that required the sellers to indemnify the buyers in respect of their liability to sub-purchasers was too ‘nebulous’. Such difficulties of calculation as might arise were irrelevant to the issue that the judge had to decide.
Auld LJ: ‘As to section 53 (3) there is, in my view, a danger of giving it a primacy in the code of section 53 that it does not deserve. The starting point in a claim for breach of warranty of quality is not to determine whether one or other party has ‘displaced’ the prima facie test in that subsection. The starting point is the Hadley v Baxendale principle reproduced in section 53 (2) applicable to a breach of any warranty, namely an estimation on the evidence of ‘the . . loss directly and naturally resulting in the ordinary course of events from the breach of warranty’. The evidence may be such that the prima facie test in section 53 (3) never comes in to play at all.
The Hadley v Baxendale principle is recovery of true loss and no more (or less), namely to put the complaining party, so far as a money can do it, in the position he would have been if the contract had been performed. Where there is evidence showing the nature of the loss that the parties must be taken to have contemplated in the event of breach, it is not to be set aside by applying the prima facie test in section 53 (3) simply because calculation of such contemplated loss would be difficult. Equally, it should not be set aside in that way so as to produce a result where the claimant will clearly recover more than his true loss.
. . Put shortly, and drawing on the analysis of Scarman L.J. in H Parsons (Livestock) Ltd v Uttley Ingham and Co. Ltd (1978) Q.B. 791,807, the sort of question the judge should have asked is: ‘What would the parties have thought about the probable loss to the buyer in the event of a latent defect in film at the time of delivery later causing trouble?’

Judges:

Otton LJ, Auld LJ

Citations:

Gazette 30-Oct-1996, Times 24-Oct-1996, [1996] EWCA Civ 748, [1998] QB 87, [1997] 3 WLR 205, [1997] CLC 373

Links:

Bailii

Statutes:

Sale of Goods Act 1979 53(3)

Jurisdiction:

England and Wales

Citing:

DistinguishedSlater v Hoyle and Smith Ltd 1920
Cotton cloth was sold. The buyer was to use it to fulfil his own contract with a sub-buyer. The cloth was not of the contractual quality but the buyer was able to perform the sub-contract by delivering the same cloth. The sub-buyers paid the full . .

Cited by:

CitedTransfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia ComC 1-Dec-2006
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed.
Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 01 November 2022; Ref: scu.78330

St Albans City and District Council v International Computers Ltd: CA 14 Aug 1996

The council purchased software from the defendants to calculate council taxes. Mistakes in the software undercalculated the amounts required to be recovered causing the council substantial losses. The company sought to rely upon a clause in the contract limiting the extent of their liability.
Held: The clause was unreasonable in the light of the very substantial nature of the defendant’s business, the availabiliity to them of insurance in sums far greater than the limit of liability, and inequality of bargaining power. However, the damages payable for revenue lost because of faulty software were reduced to allow for the recovery of the losses in subsequent tax years.
Nourse LJ: ‘Parties who agree respectively to supply and acquire a system recognizing that it is still in the course of development cannot be taken, merely by virtue of that recognition, to intend that the supplier shall be at liberty to supply software which cannot perform the function expected of it at the stage of development at which it is supplied’.

Judges:

Sir Ian Glidewell, Nourse LJ

Citations:

Times 14-Aug-1996, [1996] 4 All ER 481, [1996] EWCA Civ 1296

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

Appeal fromSt Albans City and District Council v International Computers Ltd QBD 11-Nov-1994
A liability limitation in a computer contract was an unfair contract term since it was a standard term, and it restricted liability when there had been no attempt to justify the amount chosen for the limit by reference, for example, to a . .

Cited by:

CitedSam Business Systems Ltd v Hedley and Company TCC 19-Dec-2002
. .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 31 October 2022; Ref: scu.89464

National Westminster Bank Plc v Kitch: CA 14 May 1996

An action to recover an overdraft debt which was secured by a mortgage is not itself a mortgage action. A claim based on a simple contract debt does not cease to be so simply because it is also secured by a charge.

Citations:

Gazette 15-May-1996, Times 14-May-1996, [1996] 1 WLR 1316

Statutes:

Rules of the Supreme Court Order 88 1

Jurisdiction:

England and Wales

Cited by:

CitedHopkinson and Others and Birmingham Mid-Shires Building Society v Tupper CA 30-Jan-1997
The plaintiffs appealed from an order striking out their claim for want of prosecution. The defendant’s property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the . .
Lists of cited by and citing cases may be incomplete.

Banking, Litigation Practice, Contract

Updated: 31 October 2022; Ref: scu.84218

Coca-Cola Financial Corporation v Finsat International Ltd and Others: CA 1 May 1996

Party may contract out of right of set-off. Issue justiciable under Order 14.

Citations:

Times 01-May-1996, [1996] CLC 1564

Jurisdiction:

England and Wales

Cited by:

CitedWRM Group Limited (Formerly Known As WRM Logistics Limited) v Wood; Burcher; Wood; Chick and Irving CA 21-Nov-1997
Breach of share sale agreement. . .
CitedBOC Group Plc v Centeon Llc and Centeon Bio-Services Inc CA 29-Apr-1999
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 31 October 2022; Ref: scu.79254

CTN Cash and Carry v Gallaher: CA 15 Feb 1993

The buyer paid a sum demanded by the seller who threatened otherwise to withdraw the credit facilities it provided to the buyer. The sum was not in fact due, but the demand had been made honestly. The buyer said the agreement was voidable for duress.
Held: Duress was not available when the action threatened was lawful. The common law does not recognise the doctrine of inequality of bargaining power in commercial dealings. It was necessary to focus on the distinctive features of the individual case and then to ask whether it amounted to a case of duress. Three characteristics here assisted the court in its decision. First, the dispute did not concern a protected relationship and did not arise in the context of dealings between a supplier and a customer. It arose in the context of arms length commercial dealings between two trading companies. Secondly, the defendants were in law entitled to refuse to enter into any future contracts with the plaintiffs for any reason whatsoever, or for no reason at all. Because a decision not to deal with the plaintiffs in the future would have been lawful, it was also lawful for them to threaten the plaintiffs that they would no longer grant them credit, when demanding payment of an invoice which was alleged to be due. The third, and critically important characteristic was that the defendant bona fide thought that the sum was owed and that therefore, when exerting commercial pressure in order to obtain payment, were not motivated by malice or anything which could be described as ‘bad faith’.
Steyn LJ approved the dicta of Professor Birk: ‘It is tolerably clear that, at least where they [the judges] can be confident of a general consensus in favour of their evaluation, the courts are willing to apply a standard of impropriety rather than technical unlawfulness’.

Judges:

Steyn LJ

Citations:

[1993] EWCA Civ 19, [1994] 4 All ER 714

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedThorne v Motor Trade Association HL 1937
The House confirmed a declaration granted as to validity of a rule of association notwithstanding the absence of any dispute. The House considered the nature of the threat required to establish a defence of duress.
Lord Wright observed that the . .
CitedMutual Finance Ltd v John Wetton and Sons Ltd 1937
A relative of a forger gave a guarantee in circumstances where the forger had been threatened with prosecution. He now pleaded economic duress.
Held: The guarantee should be set aside. The court considered the distinction between dures and . .
CitedPao On and Others v Lau Yiu Long and Others PC 9-Apr-1979
(Hong Kong) The board was asked whether a contract of guarantee had been obtained by duress.
Held: Lord Scarman said: ‘Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. Their Lordships agree with the . .
CitedUniverse Tankships Inc of Monrovia v International Transport Workers Federation HL 1-Apr-1981
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under . .

Cited by:

CitedJones v Morgan CA 28-Jun-2001
The claimant appealed against an order refusing him enforcement an agreement for the purchase of a one half share in a property. The judge had found the agreement to be unconscionable.
Held: The appeal was dismissed. The judge had wrongly . .
CitedProgress Bulk Carriers Ltd v Tube City IMS Llc ComC 17-Feb-2012
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 27 October 2022; Ref: scu.262596

Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993

An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal.

Citations:

Independent 26-Nov-1993, Times 27-Oct-1993, Ind Summary 29-Nov-1993

Statutes:

Rules of the Supreme Court 59, Courts and Legal Services Act 1990 7(1)

Jurisdiction:

England and Wales

Contract, Litigation Practice, Education

Updated: 26 October 2022; Ref: scu.83823

Millar and Others v Bassey and Another: CA 26 Aug 1993

It was alleged that Miss Shirley Bassey had breached her contract with a record producer Dreampace (or with her own management company which had in turn contracted with Dreampace), as a result of which Dreampace had been unable to perform a contract with the plaintiffs of which Miss Bassey had known.
Held: The court asked ‘Must the conduct of the defendant, the alleged tortfeasor, be aimed directly at the plaintiff, the contracting party, who suffers damage, in the sense that the defendant intends that the plaintiff’s contract should be broken, or is it sufficient that that conduct should have the natural and probable consequence that the plaintiff’s contract is broken?’ No specific intent is necessary to establish the tort of inducing a breach of contract. The tort is ‘a species of the genus of economic torts whereby the common law protects against the intentional violation of economic interests’.
Peter Gibson LJ: There had to be the deliberate interference with a contract with a view to bringing about its breach rather than interference causing a breach when that interference was merely the incidental consequence of the defendant’s conduct: ‘ . . it is a requirement of the tort that it should be established that the defendant by his conduct intended to break or otherwise interfere with and, with that intention, did break or otherwise interfere with a contract to which the plaintiff was a party.’
Beldam LJ: ”In the passage cited, Woolf LJ was in my opinion emphasising the distinction between an intention to bring about a consequence and the desire to do so and was pointing out that a person can intend a consequence if he knows that it will follow from a course of conduct on which he embarks deliberately. Nor I my view can a consequence properly be regarded as unintended or incidental if the deliberate action is taken knowing that it must inevitably bring about the consequence, desired or not. In truth in such a case the actor intends to bring about both the undesired and the desired consequence and is willing to bring about the one to achieve the other. ‘

Judges:

Ralph Gibson and Beldam LJJ

Citations:

Independent 26-Aug-1993, [1994] EMLR 44

Jurisdiction:

England and Wales

Cited by:

CitedOBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA 9-Feb-2005
The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated contracts undertaken by the business. The claimant asserted that their actions amounted to a wrongful interference in their contracts . .
ConsideredLatvian 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 . .
View of Stuart Smith LJ approvedOren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited PatC 1-Feb-1999
One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .
CitedDouglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 26 October 2022; Ref: scu.83721

London and Blenheim Estates v Ladbroke Retail Parks Ltd: CA 1 Jun 1993

The land-owner sold part of his land, granting easements over the retained land, and an agreement that, if further plots were purchased, similar easements would be granted. The agreement stated that the purchaser should have the right to give notice to nominate which land would constitute the dominant land for the purposes of any new easement. The purchaser bought additional land, but the original landowner had already sold on the remainder of his own land. The buyer sought a declaration that all the land had the benefit of the easement.
Held: An easement of parking is recognised in English Law. However, the original clause had not created an interest in land. Land could not be allowed to become burdened to an uncertain extent. Successors in title to the servient tenement could not be bound by such an interest until it became certain, by identification of the dominant land. The clause required a notice to be given, and the right to claim an easement arose only when that notice was given and they were not bound on the purchase itself.
The identification of a purchaser is not crucial to the existence of an estate contract in the sense that a contract in favour of an as yet unidentified purchaser to be nominated by a contracting party is a valid estate contract.
Peter Gibson LJ said: ‘an essential part of the interest to be granted was left uncertain. If one asks why the law should require that there should be a dominant tenement before there can be a grant, or a contract for a grant, of an easement sufficient to create an interest binding successors in title to the servient land, the answer would appear to lie in the policy against encumbering land with burdens of uncertain extent.
A further related answer lies in the reluctance of the law to recognise new forms of burden on property conferring more than contractual rights. A right intended as an easement and attached to a servient tenement before the dominant tenement is identified would in my view be an incident of a novel kind.’

Judges:

Peter Gibson LJ

Citations:

Times 01-Jun-1993, [1993] 4 All ER 157, [1994] 1 WLR 31

Jurisdiction:

England and Wales

Citing:

CitedPritchard v Briggs CA 1980
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported . .
DistinguishedTurley v Mackay 1943
. .
Appeal fromLondon and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd ChD 29-Jul-1992
A right to park was claimed as an easement.
Held: The question whether the right to park that had been claimed was consistent with the nature of an easement was one of degree: ‘A small coal shed in a large property is one thing. The exclusive . .

Cited by:

CitedSainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc ChD 17-Jun-2005
The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An . .
CitedBatchelor v Marlow and Another CA 12-Jul-2001
The applicant claimed parking rights as an easement acquired by prescription. At first instance the rights were recognised as an easement. The rights included parking during daylight hours during weekdays. The land-owner appealed on the ground that . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 26 October 2022; Ref: scu.83154

First Energy (UK) Ltd v Hungarian International Bank Ltd: CA 16 Apr 1993

A manager, though he lacked actual authority to authorise and offer a particular loan facility to the plaintiff, still did so by sending him a letter of offer which was accepted.
Held: Albeit the manager lacked actual authority to make the loan and that no other person in the bank had held him out as having such authority, by reason of his very position he was a person who would ordinarily have authority to communicate the decision of more senior members of the bank who were authorised to make and/or approve such a loan and the plaintiff was accordingly entitled to rely upon the offer he had received. Steyn LJ said that a ‘theme that runs through our law of contract is that the reasonable expectations of honest men must be protected. It is not a rule or a principle of law. It is the objective which has been and still is the principal moulding force of our law of contract. It affords no licence to a Judge to depart from binding precedent. On the other hand, if the prima facie solution to a problem runs counter to the reasonable expectations of honest men, this criterion sometimes requires a rigorous re-examination of the problem to ascertain whether the law does indeed compel demonstrable unfairness’.

Judges:

Steyn LJ

Citations:

Independent 16-Apr-1993, [1993] 2 Lloyds Rep 194

Jurisdiction:

England and Wales

Cited by:

CitedSun Life Assurance Company of Canada (A Company Established Pursuant To the Laws of Canada) v CX Reinsurance Company Limited (Formerly CNA Reinsurance Company Ltd) CA 6-Mar-2003
The claimant appealed a refusal to order that a dispute between insurer and re-insurer be referred to arbitration. One party sought to avoid liability under the policy, alleging misrepresentation. Discussions had been undertaking settling a revised . .
CitedJordan Grand Prix Limited v Vodafone Group Plc ComC 4-Aug-2003
The claimant asserted that the defendant had agreed in the course of a telephone conversation, to provide sponsorship, and sought to enforce that agreement. There were considerable conflicts of evidence.
Held: Evidence given on behalf of the . .
CitedGolden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another ComC 21-Jan-2011
The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under . .
Lists of cited by and citing cases may be incomplete.

Agency, Contract

Updated: 26 October 2022; Ref: scu.80555

E E Caledonia Ltd v Orbit Valve Plc: CA 30 May 1994

A clause providing for an indemnity against any claim arising from the manner of performance was not to be construed to cover negligence. ‘The printed conditions in the agreement in this case were plainly drafted by a lawyer. Why was an express reference to negligence not inserted? Similar questions have been posed on a number of occasions. Why do draftsmen not take note of the impact of a clear and consistent line of judicial decisions? For my part I have no doubt that the draftsman on the Underground to whom such a question was addressed would say ‘one does not want to frighten off one or other of the parties.’ Omissions of express reference to negligence tend to be deliberate.’

Judges:

Steyn LJ

Citations:

Times 30-May-1994, [1994] 1 WLR 1515

Jurisdiction:

England and Wales

Citing:

Appeal fromE E Caledonia Ltd v Orbit Valve Plc QBD 1994
A clause which gave an indemnity against any claim arising from the manner of performance of the contract by one party was not to be construed to exempt negligence: ‘The principle is that in the absence of clear words the parties to a contract are . .

Cited by:

Appealed toE E Caledonia Ltd v Orbit Valve Plc QBD 1994
A clause which gave an indemnity against any claim arising from the manner of performance of the contract by one party was not to be construed to exempt negligence: ‘The principle is that in the absence of clear words the parties to a contract are . .
CitedStent Foundations Ltd v M J Gleeson Group Plc TCC 9-Aug-2000
The defendant company sought to rely upon an exemption clause.
Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 26 October 2022; Ref: scu.80197

Barclays Bank Plc v Fairclough Building Ltd: CA 11 May 1994

Contributory negligence is no defence to a claim which was made out strictly in contract only.

Citations:

Gazette 29-Jun-1994, Times 11-May-1994, [1994] EWCA Civ 3, [1995] QB 214, [1995] 1 All ER 289, [1994] 3 WLR 1057

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945 1(1), 4

Jurisdiction:

England and Wales

Citing:

See alsoBarclays Bank Plc v Fairclough Building Ltd (No 2) CA 15-Feb-1995
Contractors taking on building work should be assumed to have taken account of the possible presence of asbestos when quoting for the work. . .

Cited by:

See alsoBarclays Bank Plc v Fairclough Building Ltd (No 2) CA 15-Feb-1995
Contractors taking on building work should be assumed to have taken account of the possible presence of asbestos when quoting for the work. . .
Lists of cited by and citing cases may be incomplete.

Contract, Negligence

Updated: 26 October 2022; Ref: scu.78202

Global Asset Capital, Inc and Another v Aabar Block Sarl and Others: CA 1 Feb 2017

Appeal against refusal of summary judgment. The court set out the applicable principles concerning strike out and summary judgment: ‘(1) The court must consider whether the case of the respondent to the application has a realistic as opposed to fanciful prospect of success – in this context, a realistic claim is one that carries some degree of conviction and is more than ‘merely arguable’.
(2) The court must not conduct a ‘mini-trial’ and should avoid being drawn into an attempt to resolve conflicts of fact which are normally resolved by the trial process.
(3) If the application gives rise to a short point of law or construction then, if the court is satisfied that it has before it all the evidence necessary for the proper determination of the question and that the parties have had an adequate opportunity to address it in argument, it should ‘grasp the nettle and decide it’.’

Judges:

Lord Justice Hamblen, Lord Justice McFarlane

Citations:

[2017] EWCA Civ 37, [2017] WLR(D) 63, [2017] 4 WLR 163

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal fromGlobal Asset Capital, Inc and Another v Aabar Block Sarl and Another ComC 18-Feb-2016
. .
CitedEasyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009
Principles Applicable on Summary Judgment Request
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . .

Cited by:

CitedScott v LGBT Foundation Ltd QBD 3-Mar-2020
Disclosure of risk of self harm made no claim
The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 26 October 2022; Ref: scu.573794

WWF – World Wide Fund for Nature (Formerly World Wildlife Fund); World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc: CA 27 Feb 2002

The claimant sought enforcement of a contract restricting the use by the appellant defendant of the initials ‘WWF’ in their trading. The agreement had been reached in settlement of an action for breach of the claimant’s trade mark rights. The claimant was particularly concerned as to the injurious association with the respondent, and its use of the mark on the Internet.
Held: The scratch logo used by the federation was a clear breach. They had not seriously sought to argue that they were not in breach of the agreement. The protection of the intellectual property rights of one business inevitably implies some restriction on the rights of others with potentially conflicting interests. There was no undue interference in the freedom of the defendant to trade. The breaches were clear, and the agreement was to be upheld. Appeal against summary judgement dismissed.

Judges:

Lord Phillips M.R., Lord Justice Judge, Lord Justice Carnwath

Citations:

Times 12-Mar-2002, Gazette 11-Apr-2002, [2002] EWCA Civ 196

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedThree Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Appeal fromWWF -World Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc ChD 1-Oct-2001
The Fund sought summary relief against the use of the sign ‘WWF’ by the defendants, in breach of a contract. The defendants urged that the contract operated in restraint of trade. There had been long running and widespread trade mark disputes, . .

Cited by:

See AlsoWorld Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Incorporated v World Wrestling Federation Entertainment Incorporated – Intervener Jakks Pacific Llc CA 27-Mar-2003
. .
See AlsoWWF-World Wide Fund for Nature and Another v World Wrestling Federation Entertainment Inc ChD 16-Feb-2006
. .
See AlsoWWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract, Commercial

Updated: 25 October 2022; Ref: scu.167702

Deutsche Bank Ag v Total Global Steel Ltd: ComC 11 May 2012

The claimant claimed damages of 5,781,000 Euros from the defendant for breach of four contracts by which DB acquired from TGS through the European Union Emissions Trading System for 5,737,440 Euros a total of 492,000 Certified Emissions Reductions (‘CERs’), which are instruments created under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (‘UNFCCC’). DB’s claim is that the contracts provided that the CERs ‘may be used for determining compliance with emissions limitation commitments pursuant to and in accordance with the [EUETS]’. They complain that the CERs that they acquired from TGS did not meet that requirement (i) because they had previously been ‘surrendered’ under the EUETS, that is to say exchanged for allowances, and the European Commission, as regulator of the EUETS, had introduced and published in December 2009 and January 2010 a check that prevented surrendered CERs from being used for compliance purposes under it, and (ii) in any case, they argue, surrendered CERs could not legally have been so used. (I shall adopt the expression ‘surrendered CERs’ as a convenient label, and I shall refer to CERs that have not been surrendered as ‘conventional CERs’.

Judges:

Andrew Smith J

Citations:

[2012] EWHC 1201 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Environment

Updated: 21 October 2022; Ref: scu.457627

Thomson v Christie Manson and Woods Ltd and Another: CA 12 May 2005

Claim against auctioneers – antique vases – possible copies. Both parties appealed against elements of the judgment.
May LJ said: ‘But, even accepting that individual points such as these are amenable to judicial appellate evaluation whatever the expert opinion, no appellate court should cherry pick a few such points so as to disagree with a composite first instance decision which, in the nature of a jig-saw, depended on the interlocking of a very large number of individual pieces, each the subject of oral expert evidence which the appellate court has not heard.’

Judges:

May, Jonathan Parker, Smith LJJ

Citations:

[2005] EWCA Civ 555, [2005] PNLR 38

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromThomson v Christie Manson and Woods Ltd and Another QBD 2004
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.

Cited by:

CitedWheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd CA 18-Oct-2018
Leave to appeal – refused – claim under indemnity
Coulson LJ, disposing of the application for permission to appeal after oral hearing, addressed the question of appeals against a judge’s evaluation of expert evidence:
‘A first instance . .
CitedKynaston-Mainwaring v GVE London Ltd CA 19-Oct-2022
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 19 October 2022; Ref: scu.224840

Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 26 Apr 2012

ECJ Directive 93/13/EEC – Article 3(1) and (3) – Articles 6 and 7 – Consumer contracts – Unfair terms – Unilateral amendment of the terms of a contract by a seller or supplier – Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation – Declaration of the unfair nature of a term – Legal effects

Citations:

C-472/10, [2012] EUECJ C-472/10, ECLI:EU:C:2012:242

Links:

Bailii

Statutes:

Directive 93/13/EEC

Jurisdiction:

European

Citing:

OpinionNemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt ECJ 6-Dec-2011
ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 3(1) in combination with points 1(j) and 2(d) of the annex – Articles 6 and 7 – Unfair terms in consumer contracts – Contract term that entitles . .
Lists of cited by and citing cases may be incomplete.

Consumer, Contract

Updated: 07 October 2022; Ref: scu.453047

British Eagle International Airlines Ltd v Compagnie National Air France: CA 1974

Judges:

Russell LJ

Citations:

[1974] 1 Lloyd’s Rep 429

Jurisdiction:

England and Wales

Cited by:

Appeal fromBritish Eagle International Airlines Ltd v Compagnie National Air France HL 1975
British Eagle, which had gone into liquidation. The parties disputed a contract attempting to reset the ranking of debts. The House was asked whether there was a debt due to the insolvent company at the commencement of its winding-up, to which the . .
MentionedBelmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another SC 27-Jul-2011
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Contract

Updated: 07 October 2022; Ref: scu.442608

Newberry and Another v Turngiant Ltd: CA 22 Jan 1992

The vendor was not in default and was not responsible for a delay in completion of sale of land, when the delay was required to remove a registered land charge discovered only after exchange. The contract was exchanged before the Act came into effect and the Act did not apply.

Citations:

Gazette 22-Jan-1992

Statutes:

Law of Property (Miscellaneous Provisions) Act 1989

Jurisdiction:

England and Wales

Contract

Updated: 05 October 2022; Ref: scu.84269

Ogdens Ltd v Nelson Ogdens Ltd v Telford: HL 24 Mar 1905

A, a company of wholesale tobacco manufacturers, issued a circular to retail dealers offering them a share in a bonus on condition of their signing an agreement, inter alia, not to deal with B Limited. B Limited, in response, issued a circular offering to customers buying direct from them a share in a bonus distribution of ‘our entire net profits and two hundred thousand pounds per year for the next four years.’ The offer was accepted by C and D in a letter recapitulating the terms of the offer and stating that in consideration of it they agreed not to sign any agreement with A or any agreement with any company which might prevent them dealing with B Limited. Before the four years expired B Limited sold their business to A.
Held that B Limited, having put an end to an agreement which was to continue for four years, were liable in damages to C and D for breach of contract to the extent of the bonus which the latter would have received had B Limited continued their business.

Judges:

Lord Chancellor (Halsbury), Lords Macnaghten, James of Hereford, and Lindley

Citations:

[1905] UKHL 857, 42 SLR 857

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromOgdens Ltd v Nelson KBD 30-Jun-1903
Lord Alverstone CJ said: ‘It is, I think, clearly established as a general proposition that where two persons have entered into a contract, the performance of which on one or both sides is to extend over a period of time, each contracting party is . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 October 2022; Ref: scu.621173

Ross River Ltd and Another v Waveley Commercial Ltd and Others: ChD 25 Jan 2012

The parties disputed the content and effect of a joint venture agreement.

Judges:

Morgan J

Citations:

[2012] EWHC 81 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See AlsoRoss River Ltd and Another v Waveley Commercial Ltd and Others ChD 6-Sep-2012
. .
See AlsoRoss River Ltd and Another v Waverly Commercial Ltd and Another ChD 9-Oct-2012
. .
Appeal fromRoss River Ltd and Another v Waveley Commercial Ltd and Others CA 29-Jul-2013
Breach of fiduciary duty in development contract . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 October 2022; Ref: scu.450478

Customer Systems Plc v Ranson and Others: QBD 16 Dec 2011

Judges:

Sir Raymond Jack

Citations:

[2011] EWHC 3304 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At QBDCustomer Systems Plc v Ranson CA 29-Mar-2012
Leave to appeal granted. . .
Appeal fromRanson v Customer Systems Plc CA 27-Jun-2012
Lewison LJ considered the contractual duty of fidelity within an employment contract:
‘It is not disputed that an employee has an obligation of fidelity towards his employer. If the obligation is not expressed, it will invariably be implied.
Lists of cited by and citing cases may be incomplete.

Employment, Contract, Torts – Other

Updated: 04 October 2022; Ref: scu.450159

Masri v Consolidated Contractors International UK Ltd and Another: ComC 14 Mar 2007

Judgment on quantum.

Judges:

Gloster J DBE

Citations:

[2007] EWHC 468 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoMasri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .

Cited by:

See AlsoMasri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See AlsoMasri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See AlsoMasri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See AlsoMasri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See AlsoMasri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See AlsoMasri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See AlsoMasri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 29 September 2022; Ref: scu.272531

Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007

Judges:

Gloster J DBE

Citations:

[2007] EWHC 3010 (Comm), [2008] ILPr 14, [2008] 1 All ER (Comm) 305

Links:

Bailii

Statutes:

Civil Procedure Rules 71.2

Jurisdiction:

England and Wales

Citing:

See AlsoMasri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
CitedMasri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .

Cited by:

See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See AlsoMasri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See AlsoMasri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See AlsoMasri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See AlsoMasri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See AlsoMasri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See AlsoMasri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 29 September 2022; Ref: scu.272536

Masri v Consolidated Contractors International UK Ltd and Another: ComC 28 Jul 2006

Citations:

[2006] EWHC 1931 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoMasri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .

Cited by:

See AlsoMasri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See AlsoMasri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See AlsoMasri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See AlsoMasri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See AlsoMasri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See AlsoMasri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See AlsoMasri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 29 September 2022; Ref: scu.244014

Masri v Consolidated Contractors International (UK) Ltd: ComC 17 May 2005

Judges:

Cresswell J

Citations:

[2005] EWHC 944 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromMasri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005
The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here.
Held: The fact that the defendants were all . .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 28-Jul-2006
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and others ComC 25-May-2007
Application for an order to prevent some defendants pursuing action in other jurisdictions. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 11-Jul-2007
. .
See AlsoMasri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 23-May-2008
Application for interpretation of a receivership order. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another (No 3) CA 6-Jun-2008
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing . .
See AlsoMasri v Consolidated Contractors International Company Sal and others CA 28-Jul-2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. . .
See AlsoMasri v Consolidated Contractors International UK Ltd and Another ComC 14-Mar-2007
Judgment on quantum. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 20-Dec-2007
. .
See AlsoMasri v Consolidated Contractors International (UK) Ltd and Another ComC 17-Jun-2008
Application for further order of payment of costs of action on account. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Another ComC 21-Oct-2008
The court heard matters relating to the recovery by the claimant of $63,000,000. . .
See AlsoMasri v Consolidated Contractors International Co Sal and others CA 13-Nov-2008
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. . .
See AlsoMasri v Consolidated Contractors (Oil and Gas) Company Sal CA 6-Feb-2009
Appeal from order with regard to management of receivership. . .
See AlsoMasri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 6-Oct-2010
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. . .
See AlsoMasri v Consolidated Contractors International Company Sal and Others ComC 5-May-2011
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. . .
See AlsoMasri and Another v Consolidated Contractors International Co Sal and Others ComC 3-Mar-2011
On notice hearing with regard to without notice receivership order. . .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 3-Feb-2011
. .
See AlsoConsolidated Contractors International Company Sal and Another v Masri CA 21-Jan-2011
. .
See AlsoMasri v Consolidated Contractors International Company Sal ComC 21-Oct-2010
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. . .
Lists of cited by and citing cases may be incomplete.

Contract, Jurisdiction

Updated: 29 September 2022; Ref: scu.226287

Bilta (UK) Ltd (In Liquidation) v Nazir and Others: ChD 17 May 2010

The sixth defendant resisted a claim against it saying that matters between them were governed by a framework agreement which provided for matters to be resolved by arbitration. The claimant resisted, denying the arbitration agreement and saying that the defendant was out of time to make such a claim.
Held: Two arguments were directed to be tried as preliminary issues. There was an arguable case that Bilta had traded with Jetivia with notice that the Framework Agreement contained Jetivia’s standard terms and conditions applied, and that the Framework Agreement (including clause 8.7) became part of the contractual terms binding on Bilta.

Judges:

Sales J

Citations:

[2010] Bus LR 1634, [2010] 2 Lloyd’s Rep 29, [2010] EWHC 1086 (Ch)

Links:

Bailii

Statutes:

Arbitration Act 1996 9(3)

Jurisdiction:

England and Wales

Cited by:

See AlsoBilta (Uk) Ltd v Nazir and Others ChD 24-Nov-2010
The company had been wound up by the Revenue on the basis that it had been used for a substantial VAT fraud. The liquidators now sued those said to have participated. A defendant denied the jurisdiction because of a disputed arbitration agreement. . .
See AlsoBilta (UK) Ltd and Others v Nazir and Others ChD 30-Jul-2012
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates.
Held: The . .
At first instance (1)Jetivia Sa and Another v Bilta (UK) Ltd and Others CA 31-Jul-2013
Defendants appealed against refusal of their request for a summary striking out for lack of jurisdiction, of the claims against them arising from their management of the insolvency of the first defendant. . .
At first Instance (1)Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Contract, Arbitration

Updated: 25 September 2022; Ref: scu.415085

Cudgen Rutile (No.2) Pty Ltd and Another v Gordon William Wesley Chalk (And Consolidated Appeals): PC 13 Nov 1974

(Queensland) As a matter of general principle, the courts are readier in modern times to find a contract ‘even though apparent certainty may be lacking as regards some term such as the price, provided that some means or standard by which that term can be fixed can be found

Citations:

[1974] UKPC 30, [1975] AC 520

Links:

Bailii

Commonwealth, Contract

Updated: 19 September 2022; Ref: scu.444368

Johnson and Another v Davis and Another: CA 18 Mar 1998

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.’

Judges:

Chadwick, Kennedy, Ward LJJ

Citations:

Times 31-Mar-1998, Gazette 13-May-1998, [1999] Ch 117, [1998] EWCA Civ 483, [1998] 2 All ER 649

Links:

Bailii

Statutes:

Insolvency Act 1986 260(2)

Jurisdiction:

England and Wales

Citing:

CitedDeanplan Limited v Mahmoud 1992
The court considered whether a release of one of joint contractors released the other contractors. He said: ‘An original lessee or intermediate assignee of the lease who had given a direct covenant to pay rent and observe the covenant is released . .
CitedRA Securities v Mercantile Credit 1995
The effect of an individual voluntary arrangement was not such as to release solvent co-debtors under the rule of law that the release of one of two or more joint debtors has the effect of releasing the other or others. . .
AppliedWatts v Aldington, Tolstoy v Aldington CA 15-Dec-1993
There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. . .

Cited by:

CitedChelsea Building Society v Nash CA 19-Oct-2010
The defendant customer of the Society appealed against an order as to the sum due under a joint mortgage. She said that the ‘full and final settlement’ of the debt with Ms Nash’s former husband and joint mortgagor had the effect of releasing Ms Nash . .
CitedWright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd ChD 6-Mar-2018
IVA is a special form of contract
Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Damages, Contract

Updated: 19 September 2022; Ref: scu.443849

Wong Lai Ying and Others v Chinachem Investment Co Ltd: PC 27 Nov 1979

(Hong Kong)

Citations:

[1979] UKPC 41

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBank Line Ltd v Arthur Capel and Co HL 12-Dec-1918
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 17 September 2022; Ref: scu.443400