Tag: Contract

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others: TCC 11 Jan 2008

Judges:

Ramsey J

Citations:

[2008] EWHC 6 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others TCC 19-Sep-2008
Claim for damages after fire occuring during construction of waste plant. . .
See Also – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others TCC 31-Oct-2008
. .
Appeal from – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
Lists of cited by and citing cases may be incomplete.

Contract, Vicarious Liability

Updated: 13 July 2022; Ref: scu.264013

Harlow and Jones v Panex (International) Ltd: ChD 1967

The sellers claimed under a sale contract against buyers who had refused to accept goods. By reason of the buyer’s non-acceptance of the goods, the sellers had incurred storage charges to their own suppliers with whom they had entered into an agreement which effectively made recovery of the storage charges contingent upon recovery of the storage charges from the buyers.
Rosklii J said: ‘Next there are the storage charges . . [Counsel] correctly summarised the final position by saying that the bargain was that the Russian sellers would only claim against the plaintiffs if the plaintiffs could recover those charges from the defendants in this action. [Counsel] argued that an arrangement of that kind barred the plaintiffs recovering in this action. For my part I am unable to see why. The plaintiffs have – and this was not contested – apart from any agreement with the Russian sellers, a perfectly good claim for these storage charges. Why the plaintiffs should not make an arrangement for their own sellers, ‘we will claim these and hand the proceeds over to you if we recover provided you let us off if we do not’, I am unable to see. Nor do I see why the existence of such an arrangement should afford the defendants a defence which they would not otherwise possess. It seems to me an eminently sensible commercial arrangement . . ‘

Judges:

Roskill J

Citations:

[1967] 2 Lloyd’s Rep 509

Jurisdiction:

England and Wales

Cited by:

Cited – Giles v Thompson, Devlin v Baslington (Conjoined Appeals) HL 1-Jun-1993
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract, Damages

Updated: 13 July 2022; Ref: scu.272902

Midasplayer.Com Ltd v Watkins: ChD 12 Jun 2006

The claimant operated an internet based game on which participants could win money. The defendant operated a web-site selling software which could operate the game automatically, and increase winnings. The claimant alleged that the defendant broke the terms of his contract with the claimant and encouraged others to do similarly.

Citations:

[2006] EWHC 1551 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Torts – Other

Updated: 12 July 2022; Ref: scu.263671

Financings Ltd v Stimson: CA 17 Jul 1962

A purchaser signed a hire purchase agreement for a motor vehicle in early March 1961. A clause in the agreement provided that when the form was signed by the purchaser it would become binding ‘upon acceptance by signature’ of an officer of the finance company. An officer of the finance company did not sign the agreement until late March 1961 and in the intervening period the purchaser returned the vehicle due to dissatisfaction with its condition and performance and the vehicle was subsequently stolen resulting in damage.
Held: The purchaser’s signature on the hire purchase agreement form was ‘in law not an agreement, but only an offer by [the purchaser] to enter into a hire purchase agreement with a . . Finance Company.’ There was implied a condition into the offer that the subject matter of the offer must remain in substantially the same condition it was in at the time of the offer, failing which the offer lapses.
Pearson LJ said: ‘The judge found in terms that this car suffered severe damage before the acceptance and that there was substantial depreciation as the result. On that basis it seems to me that we should by implication read into this offer, in order to give the transaction that business efficacy which the parties must have intended it to have, an implied condition that this offer was capable of acceptance only if the car remained in substantially the same condition with substantially the same value. That condition in this case was not fulfilled because the car was severely damaged and its value was substantially depreciated. Therefore, when the [plaintiffs] purported to accept it . . it was an offer which was no longer capable of acceptance, and therefore no agreement was concluded.’
Donovan LJ agreed, and said: ‘Who would offer to purchase a car on terms that if it were severely damaged before the offer was accepted, he, the offeror, would pay the bill? . . The county court judge held that there must, therefore, be implied a term that until acceptance the goods would remain in substantially the same state as at the date of the offer; and I think that this is both good sense and good law.’
Lord Denning MR held that it was not necessary for any particular action to be taken to manifest a revocation of an offer, so long as the intention is clear.

Judges:

Lord Denning MR, Donovan, Pearson LJJ

Citations:

[1962] EWCA Civ 1, [1962] 3 All ER 386, [1962] 1 WLR 1184

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Car and Universal Finance Company Ltd v Caldwell CA 19-Dec-1963
The defendant had sold a car, taking as payment a cheque which was dishonoured; the plaintiffs later bought the car in good faith.
Held: The defendant was entitled to return of the car, even though the original purchaser had disappeared, and . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 July 2022; Ref: scu.262809

Merritt v Merritt: CA 27 Apr 1970

The parties had setted an arramngement for the house on splitting up. Following the agreement, she repaid the mortgage over time, and then requested the conveyance of the house under the agreement. She now appealed from an order refusing the transfer into her name.
Held: The appeal failed. Agreements between husband and wide are not generally intended to have legal effect, but ‘It is altogether different when the parties are not living in amity but are separated, or about to separate. They then bargain keenly. They do not rely on honourable understandings. They want everything cut and dried. It may safely be presumed that they intend to create legal relations.’

Judges:

Lord Denning MR, Widgery, Karminski LJJ

Citations:

[1970] EWCA Civ 6, [1970] 2 All ER 760, [1970] 1 WLR 1211

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Land, Family

Updated: 12 July 2022; Ref: scu.262771

Routledge v McKay and others: CA 10 Mar 1954

In considering whether a statement amounts to a warranty in a contract, the court may have regard to the time which has elapsed between the time of making the statement and the final implementation of the agreement; if the interval is a long one, thus points to a representation.

Judges:

Sir Raymond Evershed MR, Denning, Romer LJJ

Citations:

[1954] EWCA Civ 8, [1954] 1 All ER 855, [1954] 1 WLR 615

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Prior of Southwards 1498
The prior complained because the defendant, who was a glover, had made a lime pit for calf-skins so close to a stream as to pollute it.
Held: If the glover had dug the lime pit in the prior’s soil, the action ought to be in trespass: but if it . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 July 2022; Ref: scu.262844

Partenaire Ltd v Department of Finance and Personnel: QBNI 23 Nov 2007

Application to extend an interim injunction.

Judges:

Coghlin J

Citations:

[2007] NIQB 100

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Francome v Mirror Group Newspapers Ltd CA 1984
The defendant had acquired illegal tapes of telephone conversations which it said implicated the plaintiff. He sought to restrain publication of the material pending forthcoming discliplinary charges at the Jockey Club.
Held: The court had to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 July 2022; Ref: scu.261770

HC Trading Malta Ltd v Tradeland Commodities Sl: ComC 2 Jun 2016

Application by the defendant to set aside the claim for declaratory relief made against it by the claimant and/or to set aside service out of the jurisdiction.

Judges:

Waksman C HHJ

Citations:

[2016] EWHC 1279 (Comm), [2016] WLR(D) 295

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Jurisdiction, Contract

Updated: 12 July 2022; Ref: scu.565185

Franbar Holdings Ltd v Patel and others: ChD 2 Jul 2008

Action alleging breach of shareholders’ agreement.
Held: Directors may have genuine and proper differences of opinion as to the correctness of making a section 172 claim.

Judges:

William Trower QC

Citations:

[2008] EWHC 1534 (Ch), [2009] 1 BCLC 1, [2009] Bus LR D14, [2008] BCC 885

Links:

Bailii

Statutes:

Companies Act 2006 172

Jurisdiction:

England and Wales

Cited by:

Cited – Iesini and Others v Westrip Holdings Ltd and Others ChD 16-Oct-2009
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their . .
Lists of cited by and citing cases may be incomplete.

Company, Contract

Updated: 12 July 2022; Ref: scu.276672

Bank of Scotland Plc v King and others: ChD 23 Nov 2007

The parties contracted to buy and sell a property. The lending bank sought possession, saying that it had advanced the money which had been spent acquirng the property. The defendant purchasers said that completion had not taken place, the full price had not been paid, possession had not been given, and the parties had agreed to rescission.
Held: An executed transfer had been delivered. That delivery had not been explicitly in escrow, but the full purchase price had not been paid. The possibility that a vendor’s lien could apply ‘shows that it is perfectly possible in law for a vendor to complete a transfer unconditionally, even where part of the purchase price has not been paid.’ In this case the document had not been delivered in escrow.
The vendors were to be taken to have consented to their vendors’ lien being subordinated to the interests of the claimants. The Bank was entitled to register its charge.

Judges:

Morgan J

Citations:

[2007] EWHC 2747 (Ch)

Links:

Bailii

Statutes:

Law of Property (Miscellaneous Provisions) Act 1989 1(5)

Jurisdiction:

England and Wales

Citing:

Cited – Bowker v Burdekin 1843
Parke B considered how a court identified whether a document had been delivered in escrow: ‘you are to look at all the facts attending the execution, to all that took place at the time, and to the result of the transaction; and therefore, though it . .
Cited – Thompson v McCullough CA 1947
Thompson had agreed to buy a tenanted property, had paid part of the purchase price, and had received a conveyance in escrow pending payment of the balance. He at that point gave McCullough notice to quit. Two months later Thompson paid the balance . .
Qualified – Watkins v Nash 1875
The instrument at issue was delivered to the solicitor acting for the party intended to benefit under it. It was claimed that it was delivered in escrow.
Held: On the detailed facts the delivery was not intended to be a delivery to the . .
Qualified – London Freehold and Leasehold Property Company v Suffield 1897
Where an instrument is delivered to the party who is to benefit under the instrument, any oral statement that the delivery is not an absolute delivery of the deed is of no effect. Where several persons are parties to a deed as grantees and one of . .
Cited – William Cory and Son Limited v Inland Revenue Commissioners CA 1964
Lord Denning MR discussed what was meant by delivery of a document in escrow: ‘When an instrument is delivered in escrow, that only means that it is delivered on condition (which may be expressed or implied by conduct) that it is not to be operative . .
Cited – Bentray Investments Limited v Venner Time Switches Limited ChD 1985
Stuart-Smith J discussed the circumstances under which a deed was said to have been delivered in escrow: ‘the passages to which I have referred seem to establish that the intention of the maker must be made clear, at least where the deed is . .
Cited – Kettlewell v Watson 1884
A vendor’s lien was postponed to the equitable interest of a third party with whom the purchaser from the vendor had had dealings. . .
Cited – Barclays Bank Plc v Estates and Commercial Limited CA 20-Feb-1996
Millett LJ discussed the assertion of a vendor’s lien where a third party would be adversely affected: ‘A party with an equitable charge can be taken to agree to the postponement of his property against any party who was allowed to his knowledge to . .
Lists of cited by and citing cases may be incomplete.

Registered Land, Contract

Updated: 12 July 2022; Ref: scu.261500

Contex Drouzhba Ltd v Wiseman and Another: CA 20 Nov 2007

The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now appealed a finding that he was personally responsible.
Held: The director’s appeal failed. The signature of the defendant on its own was sufficient. Lord Tenterden’s Act, the 1828 Act was ‘concerned with proving by evidence the existence of a representation. It was not concerned with excusing fraudulent behaviour or with differentiating between capacities in which persons put their names to documents. Having regard to the mischief at which the Act was aimed, I can see no reason why, if a document contains a fraudulent representation being made by a director for which that director would otherwise be held personally liable, his signature on the document will not suffice to comply with Lord Tenterden’s Act. ‘ The Act was not to be used to evade proper liability.

Judges:

Waller LJ VP, Rix LJ, Keene LJ

Citations:

[2007] EWCA Civ 1201, Times 08-Jan-2008, [2008] BCC 301, [2007] All ER (D) 293 (Nov)

Links:

Bailii

Statutes:

Statute of Frauds (Amendment) Act 1828

Jurisdiction:

England and Wales

Citing:

Appeal from – Drouzhba v Wiseman and Another QBD 3-Nov-2006
. .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4) HL 6-Nov-2002
Fraudulent Misrepresentation by Company Director
Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on . .
Cited – Lyde v Barnard CExC 1836
The question before the court was whether a misrepresentation, that a particular fund in which Lord Edward Thynne had a life interest was charged with only three annuities, was a representation relating to Lord Edward’s credit or ability within the . .
Cited – John Hudson v Oaten CA 19-Jun-1980
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not . .

Cited by:

Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Contract

Updated: 12 July 2022; Ref: scu.261451

United Shoe Machinery Company of Canada v Brunet: PC 23 Mar 1909

(Quebec) The defendant Company leased machinery under a condition that it should not be used in conjunction with machinery made by any other manufacturer.
Held: The condition was not in restraint of trade.

Citations:

[1909] AC 330, [1909] UKPC 10

Links:

Bailii

Cited by:

Cited – Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd HL 1968
Agreement in Restraint of Trade Unenforceable
The defendant ran two garages under solus agreements with the plaintiffs who complained when the defendants began to purchase petrol from cheaper alternative sources. The House was asked whether the solus agreements were be regarded in law as an . .
Lists of cited by and citing cases may be incomplete.

Contract, Commonwealth

Updated: 12 July 2022; Ref: scu.259690

Pan Ocean Shipping Ltd v Creditcorp Ltd: HL 1 Feb 1994

(The Trident Beauty) Charter hire, payable by the charterers 15 days in advance, had been assigned to a third party. The appeal related to hire duly paid in advance for a 15 day period, throughout the whole of which the vessel proved in fact to be off hire, and after the end of which she continued off hire until the charter was justifiably terminated by the charterers on account of the owners’ repudiation. The owners were in these circumstances under an express obligation (and, even in the absence of an express obligation would have been under an implied obligation) to repay the charter hire overpaid, but were not worth powder and shot. The charterers claimed, unsuccessfully, to recover the overpaid hire from the third party assignee to whom it had been paid.
Held: An assignee of hire contract need not repay advance repayments
Lord Goff of Chieveley stated as a general rule that the existence of a contractual regime for the recovery of overpayments made the imposition by law of a remedy for total failure of consideration ‘both unnecessary and inappropriate’. ‘I am of course well aware that writers on the law of restitution have been exploring the possibility that, in exceptional circumstances, a plaintiff may have a claim in restitution when he has conferred a benefit on the defendant in the course of performing an obligation to a third party (see, eg, Goff and Jones on the Law of Restitution, 4th ed (1993), pp 55 et seq, and (for a particular example) Burrows on the Law of Restitution, (1993) pp 271-272). But, quite apart from the fact that the existence of a remedy in restitution in such circumstances must still be regarded as a matter of debate, it is always recognised that serious difficulties arise if the law seeks to expand the law of restitution to redistribute risks for which provision has been made under an applicable contract.’
Lord Woolf said: ‘There is no justification for subjecting an assignee, because he has received a payment in advance, to an obligation to make a repayment because of the non-performance of an event for which he has no responsibility.’

Judges:

Lord Goff of Chieveley, Lord Woolf

Citations:

Independent 01-Feb-1994, [1994] 1 Lloyds Rep 365, [1994] 1 WLR 161, [1994] 1 All ER 470

Jurisdiction:

England and Wales

Citing:

See Also – Pan Ocean Shipping Co Ltd v Creditcorp Ltd CA 24-Mar-1993
(The Trident Beauty) Advance payments made under a charterparty contract were not recoverable the assignees when the charter became ineffective. Such contracts were provisional as between the original parties, but did not retain that characteristic . .
Appeal from – Pan Ocean Shipping Co Ltd v Creditcorp Ltd CA 1-Feb-1994
(The Trident Beauty) Assignee not obliged to repay advance payment for non-performance. . .
Lists of cited by and citing cases may be incomplete.

Contract, Transport

Updated: 11 July 2022; Ref: scu.84552

Pan Ocean Shipping Co Ltd v Creditcorp Ltd: CA 24 Mar 1993

(The Trident Beauty) Advance payments made under a charterparty contract were not recoverable the assignees when the charter became ineffective. Such contracts were provisional as between the original parties, but did not retain that characteristic on assignment unless the contract was, in effect, clearly identified as such.

Citations:

Gazette 24-Mar-1993

Jurisdiction:

England and Wales

Cited by:

See Also – Pan Ocean Shipping Co Ltd v Creditcorp Ltd CA 1-Feb-1994
(The Trident Beauty) Assignee not obliged to repay advance payment for non-performance. . .
See Also – Pan Ocean Shipping Ltd v Creditcorp Ltd HL 1-Feb-1994
(The Trident Beauty) Charter hire, payable by the charterers 15 days in advance, had been assigned to a third party. The appeal related to hire duly paid in advance for a 15 day period, throughout the whole of which the vessel proved in fact to be . .
Lists of cited by and citing cases may be incomplete.

Contract, Transport

Updated: 11 July 2022; Ref: scu.84550

Pan Ocean Shipping Co Ltd v Creditcorp Ltd: CA 1 Feb 1994

(The Trident Beauty) Assignee not obliged to repay advance payment for non-performance.

Citations:

Times 01-Feb-1994

Jurisdiction:

England and Wales

Citing:

See Also – Pan Ocean Shipping Co Ltd v Creditcorp Ltd CA 24-Mar-1993
(The Trident Beauty) Advance payments made under a charterparty contract were not recoverable the assignees when the charter became ineffective. Such contracts were provisional as between the original parties, but did not retain that characteristic . .

Cited by:

Appeal from – Pan Ocean Shipping Ltd v Creditcorp Ltd HL 1-Feb-1994
(The Trident Beauty) Charter hire, payable by the charterers 15 days in advance, had been assigned to a third party. The appeal related to hire duly paid in advance for a 15 day period, throughout the whole of which the vessel proved in fact to be . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 11 July 2022; Ref: scu.84551

Kensington International Ltd v Republic of the Congo: ComC 13 Jul 2007

Citations:

[2007] EWHC 1632 (Comm)

Links:

Bailii

Citing:

See Also – Kensington International Ltd v Republic of Congo and Another ComC 20-Jul-2006
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence.
Held: Though such an order would be . .
See Also – Kensington International Ltd v Republic of the Congo; Glencore Energy UK Limited, Sphynx UK Limited, Sphynx (BDA) Limited, Africa Oil and Gas Corporation, Cotrade SA (Third Parties) ComC 28-Nov-2005
The claimant had taken an assignment of debts owed by the defendant, and obtained judgment in US$121m. They sought to enforce the judgment and obtained third party debt orders against the parties listed.
Held: Officers in the third party . .
See Also – Kensington International Ltd v Republic of The Congo ComC 16-Apr-2003
. .
See Also – Kensington International Ltd v Republic of the Congo CA 13-May-2003
The claimant had obtained judgment against the defendant for US$60m, and had sought a Mareva injunction against the defendant republic’s assets and against the assets of companies through which it operated in the UK. The claimant now appealed . .
See Also – Kensington International Ltd and Another v Republic Of the Congo ComC 26-May-2006
. .
See Also – Kensington International Ltd v Republic of Congo and Another ComC 20-Jul-2006
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence.
Held: Though such an order would be . .

Cited by:

See Also – Kensington International Ltd v Republic of Congo CA 7-Nov-2007
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves.
Held: The appeal failed. The public . .
Lists of cited by and citing cases may be incomplete.

Contract, Equity

Updated: 11 July 2022; Ref: scu.258166

AWB (Geneva) SA and Another v North America Steamships Ltd and Another: CA 18 Jul 2007

A swap agreement provided that pursuant to the ISDA Master Agreement, the agreement was governed by English law and subject to the exclusive jurisdiction of the English courts. The trustee of one of the parties brought statutory avoidance proceedings in Canada. The Court of Appeal refused to grant an anti-suit injunction, because the choice of law and choice of jurisdiction agreement did not apply to the insolvency proceedings. The proceedings in Canada did not relate to a dispute under the contract. They were part of insolvency proceedings. It was a matter for the Canadian Court to decide on the relief that it is prepared to grant within the scope of those proceedings as it is concerned with issues of insolvency and not with issues which relate to the contractual obligations under the agreement.

Judges:

Chadwick LJ, Latham LJ, Thomas LJ

Citations:

[2007] EWCA Civ 739, [2007] 2 Lloyds Rep 315

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – AWB Geneva Sa and Another v North America Steamships Ltd ComC 17-May-2007
Whether a party to a contract governed by English law and subject to the exclusive jurisdiction of the English High Court can found on these provisions to restrain the counterparty’s foreign trustee in bankruptcy from seeking an order in foreign . .

Cited by:

Cited – Vizcaya Partners Ltd v Picard and Another PC 3-Feb-2016
No Contractual Obligation to Try Case in New York
(Gibraltar) The appellant had invested in a fraudulent Ponzi scheme run by Bernard Madoff. They were repaid sums before the fund collapsed, and the trustees now sought repayment by way of enforcement of an order obtained in New York.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Contract, Insolvency

Updated: 11 July 2022; Ref: scu.254599

Yewbelle Ltd v London Green Developments Ltd and Another: CA 23 May 2007

The parties had entered into a contract for the development of land. Two circumstances operated to make it difficult or impossible, and the court was asked whether the contract was frustrated. The vendor was obliged to use all reasonable endeavours to secure the section 106 agreement and the purchaser was under no obligation to complete in the absence of such an agreement. One question was whether a term could be implied allowing the vendor to rescind if, despite the exercise of all reasonable endeavours, the stipulated agreement could not be achieved and the buyer did not waive that condition. Implicit in that question was that it was open to the buyer to waive the condition.
Held: The appeal failed (on this point) There was no inconsistency between the presence in the contract of a condition for the sole benefit of the buyer and the implication into the contract of a term to the effect that, if the seller complied with his obligation to use all reasonable endeavours but was unable to complete the section 106 agreement, the seller should give to the buyer an opportunity to complete the sale without that agreement (in other words, to waive the condition requiring that agreement) but if the buyer should choose not to complete the sale on that basis the vendor would have the right to terminate the contract.

Judges:

Waller LJ, Buxton LJ, Lloyd LJ

Citations:

[2007] EWCA Civ 475, [2007] 2 EGLR 152

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Yewbelle Ltd v London Green Developments Ltd, Knightsbridge Green Limited ChD 8-Dec-2006
The court considered what were the obligations undertaken by a party contracting to use reasonable endeavours.
Held: The question is one of substance, not form, to be determined objectively. Lewison J said: ‘the essence of the obligation . .

Cited by:

Cited – Irwin v Wilson and Others ChD 23-Feb-2011
The claimant sought a declaration that his contract for the sale of leasehold property to the defendants had been lawfully terminated by a letter from his solicitors. The defendants had moved in before completion, but the claimant found himself . .
Lists of cited by and citing cases may be incomplete.

Contract, Land

Updated: 11 July 2022; Ref: scu.252508

AWB Geneva Sa and Another v North America Steamships Ltd: ComC 17 May 2007

Whether a party to a contract governed by English law and subject to the exclusive jurisdiction of the English High Court can found on these provisions to restrain the counterparty’s foreign trustee in bankruptcy from seeking an order in foreign insolvency proceedings that certain conditions precedent to liability under the contract should cease to apply.

Judges:

Field J

Citations:

[2007] EWHC 1167 (Comm)

Links:

Bailii

Cited by:

Appeal from – AWB (Geneva) SA and Another v North America Steamships Ltd and Another CA 18-Jul-2007
A swap agreement provided that pursuant to the ISDA Master Agreement, the agreement was governed by English law and subject to the exclusive jurisdiction of the English courts. The trustee of one of the parties brought statutory avoidance . .
Lists of cited by and citing cases may be incomplete.

Contract, Jurisdiction, Insolvency

Updated: 11 July 2022; Ref: scu.252439

Domsalla (T/A Domsalla Building Services) v Dyason: TCC 4 May 2007

A consumer has no grounds for complaining about the construction adjudication process per se under the Regulations

Judges:

HH Judge Thornton QC

Citations:

[2007] EWHC 1174 (TCC), [2007] BLR 348

Links:

Bailii

Statutes:

Unfair Terms in Consumer Contracts Regulations

Jurisdiction:

England and Wales

Citing:

Cited – Lovell Projects Ltd v Legg and Carver 2003
The court was asked whether the regulations applied to a construction contract. . .

Cited by:

Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – Shaw and Another v Massey Foundation and Pilings Ltd TCC 12-Mar-2009
The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 11 July 2022; Ref: scu.252362

In re Thornett and Fehr and Yuills: KBD 1921

The parties agreed to sell a quantity of two brands of beef tallow, 1919 make. The manufacturers of the stipulated brands chose not to manufacture any tallow at one of their works and at the other they were prevented from manufacturing the required quantity by a strike. No delivery was made under the contract and the buyers were awarded damages in arbitration proceedings.
Held: The umpire’s finding that the contract had not been frustrated was upheld on the ground that the contract was not for specific goods but for unascertained goods; accordingly no term could be implied into the contract that the sellers undertook no liability if the manufacturer did not in fact manufacture the goods whatever the reason might be for that failure.

Judges:

Lord Reading CJ and Darling and Acton JJ

Citations:

[1921] 1 KB 219

Jurisdiction:

England and Wales

Cited by:

Cited – CTI Group Inc v Transclear Sa Comc 14-Sep-2007
The parties had contracted for the sale of concrete. The buyers appealed findings by an arbitrator that the contracts were both frustrated for the inability of the seller to complete after the intervention of a company with an effective monopoly, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 July 2022; Ref: scu.259370

Intercall Conferencing Services Ltd v Steer: QBD 15 Mar 2007

The claimant company sought an interim injunction to prevent the defendant, a former employee, from working for a competitor in breach of a clause in his contract and from divulging any confidential information. The defendant said that the non-competition clause was too wide, but was content not to divulge any confidential material. He had been a senior employee with full access to a wide range of systems information. The clause required him not to be employed by a competitor for six months. There was no geographical limit.
Held: The defendant did have confidential information. The clause was necessary because ‘ difficulties in identifying what is and what is not confidential information may mean that a non-competition clause is the most satisfactory term of restraint. The six month period seems to me to be appropriate and the words ‘which are in competition with the business carried on by the Company’ are reasonable. The capacity in which the employee in fact works for the new employer cannot in itself be decisive. If he possesses confidential information which it is appropriate to protect and there is a risk that in the course of his new work the duty of confidentiality may be breached, it matters not in precisely what capacity he is to work.’ The court must last consider still whether it should exercise its discretion to grant the injunction. Though the defendant would suffer loss, if the final injunction was refused, he could be adequately compensated in damages.

Judges:

Nelson J

Citations:

[2007] EWHC 519 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – TFS Derivatives Ltd v Morgan QBD 15-Nov-2004
The claimant sought to enforce a post employment restrictive covenant. There was a 6 months’ prohibition, post-termination of employment (less any period of garden leave) on any employment which was competitive with the business of a former . .
Cited – Thomas v Farr Plc and Another CA 20-Feb-2007
The employee, the former chairman of the company, appealed a finding that his contract which restricted his being employed for one year in the same field after termination, was valid and enforceable. The company had provided insurance services to . .
Cited – Brake Brothers Limited v Ungless QBD 2004
The court considered the law relating to post employment restrictive covenants. Gloster J said: ‘(1) Covenants in Restraint of Trade are prima-facie unlawful and accordingly are ‘to be treated with suspicion’ see per Laddie J in Countrywide Assured . .
Cited – TFS Derivatives Ltd v Morgan QBD 15-Nov-2004
The claimant sought to enforce a post employment restrictive covenant. There was a 6 months’ prohibition, post-termination of employment (less any period of garden leave) on any employment which was competitive with the business of a former . .
Lists of cited by and citing cases may be incomplete.

Employment, Contract

Updated: 10 July 2022; Ref: scu.250622

Leofelis Sa and Another v Lonsdale Sports Ltd 7 Ors: ChD 8 Mar 2007

Judges:

Evans Lombe J

Citations:

[2007] EWHC 451 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Phones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .
Lists of cited by and citing cases may be incomplete.

Contract, Intellectual Property

Updated: 10 July 2022; Ref: scu.250021

Heronsgate Enterprises Ltd v Harman (Chesham) Ltd: CA 21 Jan 1993

The court described the duties of a vendor as trustee of the property after exchange but before completion: ‘It is well-established law that, subject always to the terms of the particular contract, a seller of property under a specifically enforceable contract is to be regarded after the contract has been made as holding the property as a trustee for the buyer. However, he is not a bare trustee. His trust obligations are limited in certain respects. For example, if, as is usually the case, he is entitled to remain in possession for the period after the contract has been made pending the date fixed for completion, he is entitled to keep and retain for his own benefit the rents and profits of the land arising during that period . . The seller must take care not to damage the property or to prejudice the buyer’s interest in the property of which, on completion, he will become the legal owner. But in general, within those limits he is entitled to the ordinary rents and profits, and for him to take steps to obtain them after contract and before the date fixed for completion, either by occupying and using the property himself or by permitting another to occupy and work the property in return for a rent, is not a breach of his duties as seller under a contract for sale.’ The release of a tipper from an indemnity agreement was not a matter of which a purchaser could complain, since the benefit of the agreement was not part of the property being sold: it was not annexed to the land, and was a benefit vested in the vendor under an agreement which, on completion, would not survive to bind or to benefit the purchaser as the new owner. If the purchaser could not compel the vendor to assign that benefit, then the purchaser could not complain if the vendor chose not to do so.

Judges:

Sir Donald Nicholls VC

Citations:

Unreported, 21 January 1993

Jurisdiction:

England and Wales

Cited by:

Cited – Englewood Properties Limited v Patel and Another ChD 16-Feb-2005
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 10 July 2022; Ref: scu.223741

Glenn v Watson and Others: ChD 31 Jul 2018

In the context of a claim in which there were substantial disagreements as to the underlying facts. Nugee J said: ”Despite the primacy which our trial system has long given to oral evidence, it is by now a commonplace that the memory even of witnesses who are doing their honest best is often unreliable . . and in cases of fraud when the credibility of witnesses is in issue, it has long been recognised to be essential to test their veracity by reference to the objective facts proved independently of their testimony, in particular by reference to the documents in the case, and also to pay particular regard to their motives and to the overall probabilities . .’

Judges:

Nugee J

Citations:

[2018] EWHC 2016 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Walsh v Greystone Financial Services Ltd ChD 4-Jul-2019
The parties disputed a long history of allegations and denials of involvement in fraud. . .
Lists of cited by and citing cases may be incomplete.

Contract, Trusts

Updated: 10 July 2022; Ref: scu.621072

David Truex, Solicitor (A Firm) v Kitchen: CA 3 Nov 2006

Application for leave to appeal – granted.

Judges:

Hallett LJ

Citations:

[2006] EWCA Civ 1592

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Leave – David Truex, Solicitor (A Firm) v Kitchin CA 4-Jul-2007
The claimant solicitors sought payment of their fees. The defendant claimed they had been negligent in not advising her that she might be entitled to legal aid. The firm had pointed out to her that they did not undertake legal aid work, and that she . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Contract

Updated: 09 July 2022; Ref: scu.249082

Ravennavi Spa v New Century Shipbuilding Company Ltd: CA 7 Feb 2007

Moore Bick LJ considered the interpretation of poorly drafted contracts and said: ‘Unless the dispute concerns a detailed document of a complex nature that can properly be assumed to have been carefully drafted to ensure that its provisions dovetail neatly, detailed linguistic analysis is unlikely to yield a reliable answer. It is far preferable, in my view, to read the words in question fairly as a whole in the context of the document as a whole and in the light of the commercial and factual background known to both parties in order to ascertain what they were intending to achieve.’

Judges:

Tuckey, Jacob, Moore-Bick LLJ

Citations:

[2007] EWCA Civ 58, [2007] 1 CLC 176, [2007] 2 Lloyd’s Rep 24, [2007] 2 All ER (Comm) 756

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Ravennavi Spa v New Century Shipbuilding Company Ltd ComC 4-Apr-2006
. .

Cited by:

Cited – Multi-Link Leisure Developments Ltd v Lanarkshire Council SC 17-Nov-2010
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed.
Held: . .
Cited – Garratt v Mirror Group Newspapers Ltd CA 13-Apr-2011
The claimant had been employed by the defendant. They made him redundant. He claimed and enhanced payment saying that his emloyment was covered by a collective agreement, but when he refused to sign a compromise agreement, the company paid him only . .
Lists of cited by and citing cases may be incomplete.

Contract, Jurisdiction

Updated: 09 July 2022; Ref: scu.248385

Rowallan Group Ltd v Edgehill Portfolio No 1 Ltd: ChD 19 Jan 2007

When striking out a claim for rectification of a contract on the basis of a unilateral mistake: ‘the remedy of rectification for unilateral mistake is a drastic remedy, for it has the result of imposing on the defendant to the claim a contract which he did not, and did not intend to, make. Accordingly the conditions for the grant of such relief must be strictly satisfied.’

Judges:

Lightman J

Citations:

[2007] EWHC 32 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Connolly Ltd v Bellway Homes Ltd ChD 23-Apr-2007
The claimant sought rectification of a contract for the sale of land, or damages in deceit. They said that it had been agreed that the price would be adjusted to reflect any change in values. The formula inserted made no great sense mathematically, . .
Cited – Connolly Ltd v Bellway Homes Ltd ChD 23-Apr-2007
The claimant sought rectification of a contract for the sale of land, or damages in deceit. They said that it had been agreed that the price would be adjusted to reflect any change in values. The formula inserted made no great sense mathematically, . .
Lists of cited by and citing cases may be incomplete.

Equity, Contract

Updated: 09 July 2022; Ref: scu.248253

Pankhania and Another v Hackney and Another: ChD 2 Aug 2002

The claimant sought damages alleging misrepresentation of land sold at auction.

Judges:

Rex Tedd QC J

Citations:

[2002] EWHC 2441 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .
Lists of cited by and citing cases may be incomplete.

Contract, Land, Torts – Other

Updated: 08 July 2022; Ref: scu.246960

Whitehead Mann Ltd v Cheverny Consulting Ltd: CA 11 Oct 2006

Citations:

[2006] EWCA Civ 1303

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Grant v Bragg ChD 22-Jan-2009
The parties disputed whether they had a contract for the sale and purchase of shares.
Held: The parties had reached agreement, but both anticipated that this would be concluded by formal contracts. An email accepted the outstanding disputed . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 07 July 2022; Ref: scu.245272

Stora Enso Oyj v Port of Dundee: OHCS 8 Mar 2006

Two consignments were destroyed by a fire in the defendaers warehouse. The defender asserted that the pursuer had no title to the goods because under the ‘CIP’ contract, title had passed already to the consignee.
Held: The 1979 Act provided that title and risk passed when the parties agreed. The term ‘Carriage and Insurance Paid’ in Incoterms 2000 meant that the seller paid the cost of carriage so far as the named destination, and that thereafter the buyer bore all costs and risks. The endorsement on the contract of a term from Incoterms 2000 was not effective to incorporate those terms. It was merely a shorthand for what had been agreed to be included in the price. In this case the intention of the parties was that title and risk would not pass until payment. The pursuer could sue.

Judges:

Lord Clarke

Citations:

[2006] ScotCS CSOH – 40, Times 11-Apr-2006

Links:

Bailii

Statutes:

Sale of Goods Act 1979 17 20

Jurisdiction:

Scotland

Citing:

Cited – Albacruz (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 . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 05 July 2022; Ref: scu.239629

WWF-World Wide Fund for Nature and Another v World Wrestling Federation Entertainment Inc: ChD 16 Feb 2006

Judges:

Peter Smith J

Citations:

[2006] EWHC 184 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Tilling v Whiteman HL 1980
Lord Scarman said: ‘Preliminary points of law are too often treacherous short cuts. Their price can be, as here, delay, anxiety and expense.’
Lord Wilberforce said: ‘The judge took what has turned out to be an unfortunate course. Instead of . .
See Also – 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 . .
See Also – World 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
. .

Cited by:

Appeal from – WWF (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.

Damages, Contract

Updated: 05 July 2022; Ref: scu.238543

Kuenyehia and others v International Hospitals Group Ltd: CA 25 Jan 2006

Service of litigation documents by fax was not an acceptabe departure from the rules where the party being served had not beforehand given consent to service in this manner. The mere advertisement of a fax number did not amount to such consent. Such service could not be characterised as no more than a minor departure from the rules.
Neuberger LJ said: ‘we do not consider that the claimants can rely on the absence of prejudice to the defendant as a reason for letting the Judge’s decision to stand. In our view . . the time limits in the CPR, especially with regard to service of the claim form where the limitation period may have expired, are to be strictly observed, and extensions and other dispensations are to be sparingly accorded, especially when applied for after time has expired. While there may be exceptional cases, we consider that prejudice is only relevant in this sort of case to assist a defendant, where the court would otherwise think it right to dispense with service. In other words, prejudice to the defendant is a reason for not dispensing with service, but the absence of prejudice cannot usually, if ever, be a reason for dispensing with service’ and ‘Service on the defendant’s solicitors was ineffective under the CPR, and it cannot be said to have been a ‘minor departure’ from the permitted methods of service to serve on solicitors who had not been nominated by the defendant. In any event, for the reasons already given, this would not have been an exceptional case. Quite apart from any other point, it can fairly be said that it would have been only too easy for the claimants’ solicitors to ask the defendant, with whom they had been in fairly close contact, to nominate its solicitors’ address as its address for service in accordance with r.6.5(2), but they never did so.’

Judges:

Lord Justice Waller Lord Justice Dyson Lord Justice Neuberger

Citations:

[2006] EWCA Civ 21, Times 17-Feb-2006

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Brown and Others v InnovatorOne Plc and Others ComC 19-Jun-2009
The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by . .
Lists of cited by and citing cases may be incomplete.

Contract, Limitation, Litigation Practice

Updated: 04 July 2022; Ref: scu.238134

Murad and Another v Al Saraj and Another: CA 29 Jul 2005

An account of profits is available without proof of loss, and the onus is upon the defaulting party to show that profits are not ones for which he should account

Judges:

Lord Justice Clarke Lady Justice Arden Lord Justice Jonathan Parker

Citations:

[2005] EWCA Civ 959, [2005] All ER (D) 503

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Re Coomber; Coomber v Coomber CA 2-Jan-1911
The Coomber family sold beer in Battersea. Coomber Senior had increasingly relied on his second son. After his father’s death, the second son continued to run the business. His mother shortly afterwards assigned both the licence and the premises to . .
Appeal from – Murad, and Murad v Al-Saraj and Westwood Business Inc ChD 28-May-2004
. .

Cited by:

Cited – Condliffe and Another v Sheingold CA 31-Oct-2007
The defendant had taken an assignment of the goodwill of a restaurant from the company of which she was a director. The plaintiffs as assignees of any claims of the company, now in liquidation, said that she was liable to account to them for the . .
Cited – Imageview Management Ltd v Jack CA 13-Feb-2009
The appellant company acted for the respondent footballer in placing him with a football club. The respondent said that he had also taken a payment from the club, nominally for arranging a work permit. The respondent said this was improper. The . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 July 2022; Ref: scu.236178

Offer-Hoar, Technotrade Ltd and others v Larkstore Ltd, Bess Ltd: TCC 2 Dec 2005

Citations:

[2005] EWHC 2742 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal From – Technotrade Ltd v Larkstore Ltd CA 27-Jul-2006
A claim was made for damages arising from building operations. Question as to legal effect of assignment of cause of action. . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract

Updated: 04 July 2022; Ref: scu.235548

Petroleo Brasileiro SA and Another v Petromec Inc and others: ComC 3 Nov 2005

Judges:

Moore-Bick LJ

Citations:

[2005] EWHC 2430 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Petromec Inc v Petroleo Brasileiro S A Petrobras and others ComC 18-Feb-2003
. .
See Also – Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec Inc, Petro-Deep Inc, Maritima Petroleo E Engenharia Ltda QBD 2-Feb-2004
The parties entered into a complex group of inter-related contracts for the purpose of purchasing and upgrading an oil production platform for use by Petrobras in the South Marlim oilfield. At a very early stage it was agreed that the upgrade . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras, Braspetro Oil Services Company, Societa Armamento Navi Appoggio Spa, Den Norske Bank Asa CA 17-Feb-2004
. .
See Also – Petromec Inc v Petroleo Brasileiro SA Petrobrasbraspetro Oil Services etc ComC 20-May-2004
. .
See Also – Petromec Inc Petro-Deep Inc and others v Petroleo Brasileiro Sa and others CA 15-Jul-2005
. .

Cited by:

See Also – Petromec Inc v Petroleo Brasiliero Sa Petrobras and Another ComC 16-Jun-2006
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras CA 19-Jul-2006
A Mr Efremovich, a third party to the action was ordered to pay the costs of Petrobras and Brasoil which on the failure of its claim against them had been ordered to be paid by Petromec. The judge found that Mr Efromovich controlled the proceedings . .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others ComC 7-Dec-2006
. .
See Also – Petromec Inc v Petrobras ComC 11-May-2007
Defendant’s application for security for costs. . .
See Also – Petromec Inc v Etroleo Brasileiro Sa Petrobras and others ComC 6-Jul-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro SA Petrobras and others CA 21-Dec-2007
. .
See Also – Petromec Inc v Petroleo Brasileiro Sa Petrobras and others CA 23-Jan-2008
Short order. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 July 2022; Ref: scu.234541

Explora Group Plc v Hesco Bastion Ltd and Another: CA 20 Jul 2005

Judges:

Rix, Jonathan Parker, Longmore LJJ

Citations:

[2005] EWCA Civ 646

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Barbados Trust Company Ltd v Bank of Zambia and Another CA 27-Feb-2007
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of . .
Lists of cited by and citing cases may be incomplete.

Agency, Contract

Updated: 01 July 2022; Ref: scu.228922

Mainstream Properties Ltd v Young and others: CA 13 Jul 2005

The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred.
Held: A mere recklessness as to whether contractual rights were disturbed was insufficient to found the tort of interference with contractual relations.

Judges:

Sedley LJ, Arden LJ, Aikens J

Citations:

[2005] EWCA Civ 861, [2005] IRLR 964, Times 28-Jul-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Smithies v National Association of Operative Plasterers CA 1909
It was no defence to a claim for inducing breach of contract brought by employers against a trade union for sanctioning a strike that the defendant trade union had acted in the honest belief that the employers against whom action was taken were not . .
Cited – Crofter Hand Woven Harris Tweed Company Limited v Veitch HL 15-Dec-1941
The plaintiffs sought an interdict against the respondents, a dockers’ union, who sought to impose an embargo on their tweeds as they passed through the port of Stornoway.
Held: A trade embargo was not tortious because the predominant purpose . .
Cited – Greig v Insole 1978
The court was asked whether the Test and County Cricket Board had, by passing certain resolutions, induced cricketers with contracts with World Series Cricket Pty Ltd, the plaintiff, to break those contracts. The TCCB had acted in good faith and . .
Not Binding – Swiss Bank Corporation v Lloyds Bank Ltd 1979
A subjective test was applied as to whether the court could find an intention to interfere with contractual relations. . .
Cited – Douglas 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 . .
Cited – 369413 Alberta Ltd v Pocklington 21-Nov-2000
(Court of Appeal of Alberta) The court set out a number of propositions as to the intention required for inducing a breach of contract. These included inferred intention and recklessness. The Court of Appeal held as follows: ‘In order to find . .
Cited – Timeplan Education Group Limited v National Union of Teachers and Dunn CA 23-Jan-1997
Damages were claimed for an alleged unlawful interference with contractual relations.
Held: Ignorance of the terms of the contract did not suffice to show absence of intent to interfere with contractual relations. . .
Cited – De Mattos v Gibson 1859
The purchaser of an interest in property may not use it so as to breach contractual rights of which he was aware when he acquired the interest. . .
Cited – Lonrho plc v Fayed CA 1989
There had been a battle to purchase the share capital of the House of Fraser which owned Harrods. Lonrho alleged that the Fayed brothers had perpetrated a fraud on the Secretary of State, and thereby secured permission to buy the company without a . .
Cited – Pritchard 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 . .
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .

Cited by:

Cited – Meretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
Cited – Sawyer v Atari Interactive Inc CA 2-Mar-2007
The claimant designed games software and complained of infringements by the defendant of licensing agreements by failing to allow audits as required.
Held: The defendant should be allowed to be heard on the standard practices for management of . .
Appeal from – Douglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 01 July 2022; Ref: scu.228480

Jewellery Appraisal Services v Belson and others: QBD 11 Apr 2005

The defendants had sold a business and included a non-compete covenant. The claimants sought to enforce it against them. It was said that they had approached insurers with a view to commencing business supplying jewelry. The defendants said their intent had been to supply wholesale only. Other allegations were made, and an injunction was sought.
Held: ‘there is sufficient material on which I can properly conclude that there is a serious issue between these parties to be tried. The principal reason for that conclusion is the weight of that evidence.’ There was a serious issue, and the balance of convenience lay in granting the injunction.

Judges:

Peter Coulson QC J

Citations:

[2005] EWHC 758 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mothercare v Robson Books 1975
When the court has to decide whether there is a serious issue between the parties for the purposes of granting an injunction, what the court had to do was to consider the prospects of success and consider whether they existed either in substance or . .
Cited – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Flightwise Travel Services Ltd and Another v Gill and Others ChD 27-Nov-2003
Those applying for international asset freezing orders should bear in mind the following points: An asset freezing order (other than a proprietary order) was a serious interference with a person’s rights, and was usually granted without notice. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 30 June 2022; Ref: scu.224951

Keppell v Bailey: ChD 29 Jan 1834

The court was asked whether the owner of land can burthen it in the hands of future owners by the creation of novel rights.
Held: Lord Brougham said: ‘It must not be supposed that incidents of a novel kind can be devised and attached to property at the fancy and caprice of any owner. It is clearly inconvenient both to the science of the law and the public weal that such a latitude should be given. There can be no harm in allowing the fullest latitude to men in binding themselves . . to answer in damages for breach of their obligations . . but great detriment would arise and much confusion of rights if parties were allowed to invent new modes of holding and enjoying real property.’
As to the subject of covenants, he said: ‘The covenant (that is, such as will run with the land) must be of such a nature as ‘to inhere in the land,’ to use the language of some cases; or ‘it must concern the demised premises, and the mode of occupying them,’ as it is laid down in others: ‘it must be quodammodo annexed and appurtenant to them,’ as one authority has it; or, as another says, ‘it must both concern the thing demised, and tend to support it, and support the reversioner’s estate.’ Now, the privilege or right in question does not inhere in the land, does not concern the premises conveyed or the mode of occupying them: it is not appurtenant to them. A covenant, therefore, that such a right should be enjoyed, would not run with the land. Upon the same principle, it appears to us that such a right, unconnected with the enjoyment or occupation of the land, cannot be annexed as an incident to it: nor can a way appendant to a house or land be granted away, or made in gross; for, no one can have such a way but he who has the land to which it is appendant: Bro. Abr. Graunt, pl. 130 (citing, M. 5 H. 7, fo. 7, pl. 15). If a way be granted in gross, it is personal only, and cannot be assigned. So, common in gross sans nombre may he granted, but cannot be granted over: per Treby, C. J., in Weekly v. Wildman, 1 Lord Raym. 407. It is not in the power of a vendor to create any rights not connected with the use or enjoyment of the land, and annex them to it: nor can the owner of land render it subject to a new species of burthen, so as to bind it in the hands of an assignee.’

Judges:

Lord Brougham LC

Citations:

[1834] EWHC Ch J77, (1834) 2 My and K 517, [1834] 39 ER 1042, [1834] EngR 193, (1834) Coop T Br 298, (1834) 47 ER 106, [1834] EngR 448, (1834) 39 ER 1042

Links:

Bailii, Commonlii, Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Tulk v Moxhay 22-Dec-1848
Purchaser with notice bound in Equity
A, being seised of the centre garden and some houses in Leicester Square, conveyed the garden to B in fee, and B covenanted for himself and his assigns to keep the garden unbuilt upon.
Held: A purchaser from B, with notice of the covenant, was . .
Lists of cited by and citing cases may be incomplete.

Contract, Company

Updated: 30 June 2022; Ref: scu.245419

Lewis v Eliades , Karis, Kaissides: ChD 22 Apr 2005

Judges:

Smith The Honourable Mr Justice Peter Smith

Citations:

[2005] EWHC 488 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Ntinos Karis Claire Kaissides v Lennox Lewis CA 21-Dec-2005
A court may draw adverse inferences from unexplained reasons as to why witnesses who were apparently available when their evidence was crucial to a case were not called. . .
Appeal from – Karis and Another v Lewis CA 21-Dec-2005
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 29 June 2022; Ref: scu.224502

Concord Trust v Law Debenture Trust Corporation Plc: HL 28 Apr 2005

The House was called on to construe the terms of a Eurobond. The question was as to the entitlement to require the trustees to issue a notice of default which would accelerate payment under the bond, and the ability of the Trustees to call for an indemnity, and the extent of the indemnity to be given. There had been a dispute when the bondholders’ nominee to the board of trustees had been suspended.
Held: An incident had occurred which gave rise to the power to issue the notice of default. The Trustee was entitled to a full indemnity in such form as he saw appropriate.

Judges:

Lord Steyn, Lord Hoffmann, Lord Hutton, Lord Scott of Foscote, Lord Walker of Gestingthorpe

Citations:

[2005] UKHL 27, Times 02-May-2005, [2005] 1 WLR 1591

Links:

Bailii, House of Lords

Jurisdiction:

England and Wales

Citing:

Appeal from – Concord Trust v The Law Debenture Trust Corporation Plc CA 28-Jul-2004
. .

Cited by:

Cited – Force India Formula One Team Ltd v Etihad Airways PJSC and Another QBD 4-Nov-2009
The parties had entered into a sponsorship agreement, with the claimants undertaking to display the name of the defendants on their car. After the agreement, the claimant company had been taken over by parties with interests competing with those of . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Contract

Updated: 29 June 2022; Ref: scu.224488