Tag: Contract

The Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK Ltd: TCC 31 Aug 2017

The Trust bought software from the defendant. After attempts at remedy, the Trust terminated the contract and now sued for damages in expenditure wasted in attempting the remedies. The defendant argued that such damages were limited by the contract.

Judges:

O’Farrell DBE J

Citations:

[2017] EWHC 2197 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 29 March 2022; Ref: scu.593132

Green v Rangers International Football Club Plc: SCS 22 Jun 2017

(Outer House) The pursuer seeks declarator that the defender is contractually bound to pay any reasonable professional costs and expenses incurred by the pursuer in respect of his defence to criminal proceedings commenced against him on

Citations:

[2017] ScotCS CSOH – 90

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

See Also – Green v Rangers International Football Club Plc – CA196/15 SCS 22-Jun-2017
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 28 March 2022; Ref: scu.591986

Rooney and Another v CSE Bournemouth Ltd: CA 9 Jun 2010

This appeal raises a short point as to whether the words ‘terms and conditions available upon request’ at the foot of a form of work order were reasonably capable of being understood as intended to incorporate the contractor’s standard conditions of trading.

Judges:

Arden, Toulson LJJ,Hedley J

Citations:

[2010] EWCA Civ 1364

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 28 March 2022; Ref: scu.591666

National Private Air Transport Company and Another v Sheikh Abedlelah M Kaki: ComC 22 Jun 2017

Application by the Defendant for summary judgment and/or an order that the claim, insofar as not admitted, should be struck out. The Claimant alleged breach of an agreement for the purchase of airplanes.

Judges:

Christopher Butcher QC

Citations:

[2017] EWHC 1496 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Transport

Updated: 28 March 2022; Ref: scu.588925

African Export-Import Bank and Others v Shebah Exploration and Production Company Ltd and Others: CA 28 Jun 2017

The court was asked as to the interpretation of the phrase ‘deals . . On the other’s written standard terms of business’.

Judges:

Longmore, Henderson LJJ

Citations:

[2017] EWCA Civ 845

Links:

Bailii

Statutes:

Unfair Contract Terms Act 1977 3

Jurisdiction:

England and Wales

Contract, Consumer

Updated: 27 March 2022; Ref: scu.588315

Lexlaw Ltd v Zuberi: ChD 9 Jun 2017

The claimant firm of solicitors sought payment of its charges. The defendant former client now challenged the enforceability of a Damages Based Agreement with them.
Held: The application should be allowed to proceed as a preliminary point.

Judges:

Clark M

Citations:

[2017] EWHC 1350 (Ch)

Links:

Bailii

Statutes:

Courts and Legal Services Act 1990 58AA(2) 58AA(4)

Jurisdiction:

England and Wales

Legal Professions, Contract

Updated: 27 March 2022; Ref: scu.588213

Persimmon Homes Ltd v Ove Arup and Partners Ltd and Another: CA 25 May 2017

Appeal by developers against a decision that their engineers have no liability for unexpected quantities of asbestos found on site. The issue in this appeal is whether the following clause, when read in context, exempts the engineers from liability for any asbestos which they may negligently have failed to identify: ‘Liability for any claim in relation to asbestos is excluded.’

Judges:

Jackson, Beatson, Moylan LJJ

Citations:

[2017] EWCA Civ 373

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 26 March 2022; Ref: scu.584530

Ndole Assets Ltd v Designer M and E Services Uk Ltd: TCC 18 May 2017

The defendant sought a declaration that the Claim Form and the Particulars of Claim were not properly served, alternatively that the claim should be struck out because of invalid or ineffectual service. Further, Designer sought summary judgment against the claimant because the claim was brought by Ndole as assignees, and it was said that the circumstances of the assignments meant that the claim should be dismissed on grounds of maintenance/champerty.

Judges:

Coulson J

Citations:

[2017] EWHC 1148 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Contract, Torts – Other

Updated: 26 March 2022; Ref: scu.583983

St 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 consideration of the cost of insurance.

Citations:

Times 11-Nov-1994, (1995) 21 FSR 686

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
Cited – Overseas Medical Supplies Limited v Orient Transport Services Limited CA 20-May-1999
The appellant challenged a finding that it was responsible for the loss of medical equipment being transported from Tehran to the UK, and of failing to insure it as required, the contractual term exempting it from responsibility being an . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 26 March 2022; Ref: scu.89465

Spencer-Churchill v Faggionato Fine Arts Ltd and Others: ChD 7 Aug 2012

The claimant sought an interim injunction to restrain the defendant sales agents from selling a work of art. He had placed the painting for sale with them but with, he said, specific restrictions on a sale to certain individuals. A sale was made, but the claimed purchaser was said to be a disguise of the persons against whom a sale was restricted, and the claimant said that the defendants had taken a secret commission.
Held: An arguable case was presented, and the injunction granted.

Judges:

Robert Ham QC

Citations:

[2012] EWHC 2318 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 24 March 2022; Ref: scu.581950

Taylor v Van Dutch Marine Holding Ltd and Others: ChD 27 Mar 2017

Application by a secured creditor of a defendant against whom a freezing order has been made seeking an amendment to the freezing order to the effect that nothing in the order should prevent or restrict it from enforcing any rights it might have pursuant to its facility agreement and debenture.

Judges:

Mann J

Citations:

[2017] EWHC 636 (Ch), [2017] WLR(D) 213

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Contract, Insolvency, Litigation Practice

Updated: 24 March 2022; Ref: scu.581331

Inter Export Llc v Townley and Another: ChD 17 Mar 2017

Alleged failure by a company (‘NTL’) to pay the sum of US$1,203,099 to the claimant, a Ukrainian company, for a consignment of 1,028.29 metric tonnes of sunflower oil. The oil was delivered to a Ukrainian port, Berdyansk Commercial Port, by the claimant and then exported out of BCP by NTL. NTL was in the business of buying and selling commodities, principally sunflower seed oil and steel pipes. The claimant underwent an arbitration in Ukraine in respect of the cargo of oil against NTL, which is in liquidation, but now sues a director (the second defendant) and shareholders (both defendants) of NTL directly in fraud. The claimant says the first defendant is a shadow or de facto director of NTL.

Judges:

Proudman J

Citations:

[2017] EWHC 530 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Contract

Updated: 24 March 2022; Ref: scu.581329

Green v Russell: CA 1959

The court rejected an argument that section 56 had altered the law to allow actions by third parties under a contract.

Citations:

[1959] 2 QB 226

Statutes:

Law of Property Act 1925 56

Jurisdiction:

England and Wales

Cited by:

Cited – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 23 March 2022; Ref: scu.251045

In re Young and Harston’s Contract: CA 1885

The court set out what was meant by the term ‘wilful default’ when used in a contract for the sale of land. Bowen LJ said: ‘Wilful is a word of familiar use in every branch of law, and although in some branches of the law it may have a special meaning, it generally, as used in courts of law implies nothing blameable, but merely that the person of whose action or default the expression is used, is a free agent, and that what has been done arises from the spontaneous action of his will. It amounts to nothing more than this, that he knew what he was doing, and intends to do what he is doing, and is a free agent.’

Judges:

Bowen LJ

Citations:

[1885] 80 Ch D 168

Jurisdiction:

England and Wales

Cited by:

Cited – CP (A Child) v Royal London Mutual Insurance Society Ltd CA 30-Mar-2006
A mill had burned down when children had lit a fire. They had not intended the fire to get out of hand as it did. The insurance company refused to pay out on the basis that the policy did not cover damage arising from ‘any wilful malicious or . .
Cited – Ronson International Ltd v Patrick CA 30-Mar-2006
The insurance company appealed a finding of liability under a household poliicy where the defendant had set a fire in a factory, but had not intended the eventual disastrous consequences.
Held: To avoid liability under an exclusion clause the . .
Cited – Porter v Zurich Insurance Company QBD 5-Mar-2009
The claimant insured his house with the defendants. Severely depressed, drunk and delusional, he set fire to it and now claimed after refusal to pay out. He said that he was not acting as a free agent.
Held: A claimant who seeks to recover . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 23 March 2022; Ref: scu.241561

Lewis v Averay: CA 22 Jul 1971

A private seller had parted with his car in return for a worthless cheque to a rogue who persuaded him that he was the well-known actor who played Robin Hood on television, and who sold it on to the defendant.
Held: ‘When two parties have come to a contract – or rather what appears, on the fact of it, to be a contract – the fact that one party is mistaken as to the identity of the other does not mean that there is no contract, or that the contract is a nullity and void from the beginning. It only means that the contract is voidable, that is, liable to be set aside at the instance of the mistaken person, so long as he does so before third parties have in good faith acquired rights under it.’ and Mr. Lewis made a contract under which he sold the car to the rogue, delivered the car and the logbook to him, and took a cheque in return. The contract is evidenced by the receipts which were signed. It was, of course, induced by fraud. The rogue made false representations as to his identity. But it was still a contract, though voidable for fraud. It was a contract under which this property passed to the rogue, and in due course passed from the rogue to Mr. Averay, before the contract was avoided.’

Judges:

Denning MR, Philimore LJ, Megaw LJ

Citations:

[1972] 1 QB 198, [1971] 3 All ER 907, [1971] EWCA Civ 4, [1971] 3 WLR 603

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Ingram v Little 27-Jul-1960
Two ladies had a car for sale. A buyer came along. He fooled them into believing him to be someone else, and they sold him the car, after checking the name in the telephone directory. Before the cheque bounced, the rogue sold the car to the . .
Cited – Phillips v Brooks Ltd 1919
A jeweller had a ring for sale. The buyer pretended to be somebody else: ‘I am Sir George Bullough of 11 St. James’s Square.’ The jeweller had heard of Sir George Bullough and checked he lived at the address given. He released the jewellry against . .
Cited – King’s Norton Metal Co Ltd v Edridge Merrett and Co Ltd CA 1879
A crook ordered some brass rivet wire from a metal manufacturer. On his stationery he represented falsely that he was in business in a big way, running a large factory and having several depots and agencies. The manufacturer supplied the goods but . .
Cited – Lewis v Averay CA 22-Jul-1971
A private seller had parted with his car in return for a worthless cheque to a rogue who persuaded him that he was the well-known actor who played Robin Hood on television, and who sold it on to the defendant.
Held: ‘When two parties have come . .
Criticised – Sowler v Potter 1939
The defendant had been convicted of an offence of permitting disorderly conduct in a cafe, under her proper name of Ann Robinson. She then assumed the name of Ann Potter. The plaintiff’s evidence was that, if he had known that she was Ann Robinson, . .

Cited by:

Cited – Shogun 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 . .
Cited – Lewis v Averay CA 22-Jul-1971
A private seller had parted with his car in return for a worthless cheque to a rogue who persuaded him that he was the well-known actor who played Robin Hood on television, and who sold it on to the defendant.
Held: ‘When two parties have come . .
Cited – Norman Hudson v Shogun Finance Ltd CA 28-Jun-2001
A rogue had purchased a car, using a false name to obtain finance. He had then sold it to the defendant. The finance company claimed the car back.
Held: The dealer had not taken all the steps he might have done to check the identity of the . .
Cited – Hector v Lyons 1988
The appellant contracted to buy a house but used his under-aged son’s name. He sought specific performance when the vendor failed to complete.
Held: Since he was neither the purchaser nor the purchaser’s agent, specific performance was . .
Cited – Director of Public Prosecutions v Gomez HL 3-Dec-1992
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of . .
See Also – Lewis v Averay (No 2) CA 1973
The defendant had been unable to obtain legal aid, and resorted to the Automobile Association which indemnified him for his costs of his successful appeal. The respondent was legally aided on the appeal and the appellant sought an order for his . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 23 March 2022; Ref: scu.188412

Singla v Hedman and Others: ChD 28 Apr 2010

The claimant sought an order for wrongful trading against the former directors of a company in liquidation, and to set aside agreements entered into after the liquidation, but backdated to before. The agreements related to the proposed making of a film.
Held: The first defendant had not been truthful.

Judges:

Peter Smith J

Citations:

[2010] EWHC 902 (Ch), [2010] BCC 684, [2010] 2 BCLC 61

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Singla v Hedman and Others ChD 27-Nov-2009
. .
Cited – Messager v British Broadcasting Association Co HL 1929
M composed of the music for a French opera ‘Le Petit Michus’. An English version was to be produced in London on the terms of an agreement, describing itself as a licence, between the composer and the authors of the opera, between the licensors, and . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company, Contract

Updated: 09 February 2022; Ref: scu.408672

Hughmans (A Firm) v Dunhill: CA 8 Mar 2017

The claimant solicitors firm sought payment of their fees. The defendant cross claimed in negligence. Th defendant appealed against summary judgment on claim and counterclaim against her.
Held: Dismissed

Judges:

Sir Terence Etherton MR, Sir Ernest Ryder SPT, Macyr LJ

Citations:

[2017] EWCA Civ 97

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Professional Negligence

Updated: 09 February 2022; Ref: scu.579606

CPL Ltd v CPL Opco (Trinidad) Ltd and Another: ChD 27 Feb 2017

Application for trial of preliminary issue

Judges:

Clark M

Citations:

[2017] EWHC 381 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – CPL Ltd v CPL Opco (Trinidad) Ltd and Another ChD 21-Dec-2017
Dispute as to rights in management of cricket tournament. . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 04 February 2022; Ref: scu.577825

Grizzly Business Ltd v Stena Drilling Ltd and Another: CA 24 Feb 2017

Judges:

Longmore, Lloyd Jones, Tracy LJJ

Citations:

[2017] EWCA Civ 94

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Grizzly Business Ltd v Stena Drilling Ltd and Another ComC 13-Jun-2014
The parties disputed the existence of a sales agency agreement. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 03 February 2022; Ref: scu.577496

Dolphin Maritime and Aviation Services Ltd v Sveriges Angartygs Assurans Forening: ComC 2 Apr 2009

The defendant sought to strike out the claim for want of jurisdiction and that it had no prospect of success.

Judges:

Christopher Clarke J

Citations:

[2009] EWHC 716 (Comm), [2009] 1 CLC 460, [2009] 2 Lloyds Rep 123

Links:

Bailii

Statutes:

Brussels Convention 1968

Jurisdiction:

England and Wales

Cited by:

Cited – Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd CA 2-Apr-2009
The appellant entered into two aircraft leasing agreements but were unable to maintain payments. They appealed against rejection of their argument that the agreements were not exempt from the controls under the 1977 Act by being international supply . .
Cited – AMT Futures Ltd v Marzillier and Others SC 1-Mar-2017
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Contract

Updated: 03 February 2022; Ref: scu.331162

Balogun v Boyes Sutton and Perry (A Firm): CA 21 Feb 2017

The cliamant appealed against the rejection of his claim alleging professional negligence and beach of contract against his former solicitors.

Judges:

Gloster VP CA, Lloyd Jones, King LJJ

Citations:

[2017] EWCA Civ 75

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Contract

Updated: 31 January 2022; Ref: scu.575331

European Dynamics Luxembourg and Others v EMA: ECFI 17 Feb 2017

ECJ (Judgment) Arbitration clause – Multiple framework contract in cascade EMA / 2012/10 / ICT – Provision of external services in the field of software applications – Request for the provision of services to the applicants – Rejection of the candidates proposed by the applicants – Proportionality – Partial reclassification Of the action – Non-contractual liability

Citations:

ECLI:EU:T:2017:104, [2017] EUECJ T-441/15

Links:

Bailii

Jurisdiction:

European

Contract

Updated: 31 January 2022; Ref: scu.575259

OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005

The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a refusal to restrain the action.
Held: The appeal failed. Whilst it was important to avoid a clash of jurisdictions, the autonomy of the parties to make their own contract was more important than the place of business or where the location was made: ‘no English court would expect a foreign court to grant a stay by reason of any provision of English law, if an action was proceeding in that foreign court by virtue of an agreement, governed by the law of that court, that proceedings were to be brought in the courts of that country. Conversely an English court would hope that a decision to retain an action brought in England, pursuant to an exclusive jurisdiction clause in a contract governed by English law, would be respected by any foreign court.’ However: ‘In the case of exclusive jurisdiction clauses, however, comity has a smaller role. It goes without saying that any court should pay respect to another (foreign) court but, if the parties have actually agreed that a foreign court is to have sole jurisdiction over any dispute, the true role of comity is to ensure that the parties’ agreement is respected.’

Judges:

Laws, Rix and Longmore LJJ

Citations:

[2005] EWCA Civ 710, Times 21-Jun-2005, [2006] 1 All ER (Comm) 32, [2005] 2 LLR 170, [2005] 2 Lloyd’s Rep 170, [2005] 1 CLC 923

Links:

Bailii

Statutes:

Contracts (Applicable Law) Act 1990

Jurisdiction:

England and Wales

Citing:

Cited – Donohue v Armco Inc and others HL 13-Dec-2001
The appellant had sought injunctions against the respondent US companies to restrain their commencing proceedings in the US against him. The parties had negotiated for the purchase of the run-off liabilities of a defunct insurance company. . .
Cited – The Eleftheria 1970
In general, and all other things being equal, it is more satisfactory (from the point of view of ensuring that justice is done) for the law of a foreign country to be decided by the courts of that country.
Brandon J said: ‘I further regard, . .
Cited – The El Amria 1981
The court set out the principles to be applied where a party seeks to enforce or act in breach of a choice of jurisdiction contract. If a party seek to sue here in breach of such a clause, the court has a discretion to stay, but a stay should be . .
Cited – Vita Food Products Inc v Unus Shipping Co Ltd PC 30-Jan-1939
(Nova Scotia) Goods were shipped from Newfoundland under a bill of lading which contained an exemption for loss caused by the servants of the carrier. This exemption was void by the law of Newfoundland, whose legislature had enacted the Hague Rules, . .
Cited – Adams v National Bank of Greece HL 1961
Questions of interpretation and enforcement of contracts are resolved by reference to the proper law. Although debt under a contract whose proper law is the law of another jurisdiction may, for the purposes of Scots law, be discharged by insolvency . .
Cited – Airbus Industrie G I E v Patel and Others HL 2-Apr-1999
An Indian Airlines Airbus A-320 crashed at Bangalore airport after an internal Indian flight. The plaintiff passengers lived in England. Proceedings began in Bangalore against the airline and the airport authority. The natural forum was the . .
Cited – AMCHEM Products Incorporated v British Columbia (Workers’ Compensation Board) 24-Mar-1993
Supreme Court of Canada – Courts – Appropriate forum – Action commenced in U.S. courts – Plaintiffs largely resident in Canada – Most of corporate defendants with some connection with state where action brought – Anti-suit injunction sought in . .
Cited – Erich Gasser GmbH v MISAT Srl ECJ 9-Dec-2003
The claimant Austrian company had for many years sold goods to the defendant an Italian company. Eventually it presented a claim before the court in Italy. Having obtained judgement, it later sought to enforce the order through the Austrian court . .
Cited – Sabah Shipyard (Pakistan) Ltd v The Islamic Republic of Pakistan and Another CA 14-Nov-2002
An order was sought to restrain proceedings in Pakistan.
Held: The agreement provided that it should be subject to the exclusive jurisdiction of England. The national state was also party to the agreement, and had waived sovereign immunity. It . .
Cited – Aggeliki Charis Compania Maritima SA v Pagnan SpA – The Angelic Grace CA 1995
On the charterers’ orders the Angelic Grace was required to tie up alongside another vessel which they owned. Whilst unloading the weather turned and the vessels collided. Each blamed the other and the owners claimed a salvage. The court considered . .
Cited – Continental Bank Na v Aeakos Compania Naviera Sa and Others CA 26-Nov-1993
The Bank was entitled to an injunction in the UK, by virtue of the jurisdiction given in their agreement, even though it was not the UK court which was first seised of the matter. Steyn LJ said: ‘. . a claim for damages for breach of contract would . .
Cited – Societe Nationale Industrielle Aerospatiale v Lee Kui Jak, Yong Joon Kim and, Lee Kui Jak (F) PC 14-May-1987
Brunei Darussalam – The Board was asked where a civil claim should be tried.
Held: The court stated some principles governing the grant of anti-suit injunctions restraining foreign proceedings. The inconvenience of a forum is of itself not a . .
Cited – The Fehmarn 1957
Willmer J said: ‘Clearly it requires a strong case to satisfy the court that the agreement [an express agreement to submit to a foreign tribunal] should be overridden.’ . .
Cited – The Fehmarn 1958
The effect of an agreement prorogating a foreign jurisdiction is to confer on the English court a discretion to stay the English proceedings. . .
Cited – Turner v Grovit and others HL 13-Dec-2001
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .
Cited – Turner v Grovit ECJ 27-Apr-2004
The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Contract

Leading Case

Updated: 31 January 2022; Ref: scu.226156

Jomast Accommodation Ltd v G4S Care and Justice Services (UK) Ltd: ChD 9 Feb 2017

Assorted claims for breach of contract and fraudulent misrepresentation in sub-contract for provision of accomodation to asylum seekers.

Judges:

Lesley Anderson QC

Citations:

[2017] EWHC 200 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Torts – Other

Updated: 29 January 2022; Ref: scu.574095

TJH and Sons Consultancy Ltd v CPP Group Plc: CA 2 Feb 2017

The court was asked whether an additional fee referred to in clause 5.1 (a) of a consultancy agreement between TJH and Sons Consultancy Ltd (‘TJH’) and CPP Group plc (CPP’) is payable as of right or whether CPP has a discretionary power not to pay it. HHJ Gosnell held that CPP had a discretion to decline to pay.

Judges:

Elias, Lewison LJJ

Citations:

[2017] EWCA Civ 46

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 29 January 2022; Ref: scu.573870

TV1 v Commission: ECFI 26 Jan 2017

ECJ (Judgment) Public service contracts – Tender procedure – Provision of integrated audiovisual production, broadcasting and archiving services – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Abnormally low tender – Obligation to request clarification – Obligation to state reasons – Transparency – Equal treatment and non-discrimination – Manifest error of assessment

Citations:

ECLI: EU:T:2017: 35, [2017] EUECJ T-700/14

Links:

Bailii

Jurisdiction:

European

Media, Contract

Updated: 29 January 2022; Ref: scu.573819

Surrey and Sussex Healthcare Nhs Trust v Logan Construction (South East) Ltd: TCC 13 Jan 2017

Applications for declarations as to the invalidity of an alleged Interim Payment Notice and the validity of an alleged Pay Less Notice.

Judges:

Alexander Nisses QC

Citations:

[2017] EWHC 17 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Contract

Updated: 28 January 2022; Ref: scu.573408

Chisese v Eze: CA 15 Nov 2016

Renewed oral application for permission to appeal in relation to a judgment dismissing Mr Chisese’s claim against Prince Arthur Eze, based on alleged breach of an alleged oral agreement made between himself and Prince Arthur Eze.

Sales LJ
[2016] EWCA Civ 1240
Bailii
England and Wales

Contract

Updated: 27 January 2022; Ref: scu.572731

Rollerteam Ltd and Another v Riley and Another: CA 16 Dec 2016

The parties had been involved in a bitter family and commercial dispute. It had been settled, but it was now disputed whether that settlement was effective or was void for a failure to comply with section 2(1) of the 1969 Act. The judge below had held that though the requirements of section 2 had not been satisfied, the agreement did not fall within the ambit of the section, and was therefore not avoided.
Held: The appeal failed.

Tomlinson, David Richards, Henderson LJJ
[2016] EWCA Civ 1291
Bailii
Law of Property (Miscellaneous Provisions) Act 1989
England and Wales

Contract

Updated: 27 January 2022; Ref: scu.572418

Matchmove Ltd v Dowding and Another: CA 7 Dec 2016

Appeal against a finding that an oral agreement for the purchase of land was effective through a proprietary estopple and a constructive trust.

Sir Terence Etherton MR, Lloyd Jones LJ and Arnold J
[2016] EWCA Civ 1233
Bailii
Law of Property (Miscellaneous Provisions) Act 1989 2(5)
England and Wales

Land, Contract, Equity, Estoppel

Updated: 26 January 2022; Ref: scu.572005

Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Article 45 – Articles 49 and 56 TFEU – Public procurement – Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts – Obligations relating to the payment of social security contributions – Social security contributions payment certificate – Correction of irregularities

ECLI:EU:C:2016:853, [2016] EUECJ C-199/15
Bailii
Directive 2004/18/EC 45, TFEU 49 56
European

Administrative, Contract

Updated: 25 January 2022; Ref: scu.571265

McGill v The Sports and Entertainment Media Group and Others: CA 4 Nov 2016

The claimant football agent had claimed against a footballer client for breach of contract and against the client’s new agent for inducing a breach of contract.

Lloyd Jones LJ, Henderson J
[2016] EWCA Civ 1063, [2016] WLR(D) 571
Bailii, WLRD
England and Wales

Contract, Torts – Other, Damages

Updated: 25 January 2022; Ref: scu.571228