Tag: Contract

Barton, Thompson and Co v Stapling Machines Co: CA 1966

Citations:

[1966] 2 All ER 222

Jurisdiction:

England and Wales

Cited by:

Cited – Goker (Ali) v NSW Bank CA 23-May-1990
In the case of a hire purchase agreement, the court has a power to grant relief from forfeiture, but will not normally exercise that power unless there is no real prejudice to the owner of the goods. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 April 2022; Ref: scu.199786

Blacker v Lake and Elliot Ld: HL 1912

A brazing lamp which, by exploding owing to a latent defect, injured a person other than the purchaser of it, and the vendor was held not liable to the party injured. The House considered earlier cases on liability for defectively manufactured goods: ‘The breach of the defendant’s contract with A. to use care and skill in and about the manufacture or repair of an article does not of itself give any cause of action to B. when he is injured by reason of the article proving to be defective.’

Judges:

Lord Sumner

Citations:

(1912) 106 LT 533

Jurisdiction:

England and Wales

Citing:

Cited – Langridge v Levy ExP 1836
A man sold a gun which he knew to be dangerous for the use of the purchaser’s son. The gun exploded in the son’s hands.
Held: The son had a right of action in tort against the gunmaker, but, Parke B said: ‘We should pause before we made a . .
Cited – Winterbottom v Wright 1842
Owing to negligence in the construction of a carriage it broke down. A third party sought damages for injuries which he alleged were due to negligence in the work.
Held: The doctrine of privity of contract precluded actions in tort by third . .
Not followed – George v Skivington 1869
There was an injury to the wife, from a hair wash purchased under a contract of sale with the husband.
Held: The wife had a good cause of action. There was a duty in the vendor to use ordinary care in compounding the article sold, and that . .

Cited by:

Cited – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Lists of cited by and citing cases may be incomplete.

Contract, Negligence

Updated: 12 April 2022; Ref: scu.192607

Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly: CA 28 Jul 2003

The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be.
Held: The purchaser himself had skills to assess what he bought and laid only partial reliance upon the seller’s expertise. The boilers were fit for the purpose in the way in which the purchaser relied upon the seller’s judgement. Equally, there was no breach of the term as to satisfactory quality implied by section 14(2).

Judges:

Lord Justice Clarke Lord Justice Sedley Mr Justice Cresswell

Citations:

[2003] EWCA Civ 1030

Statutes:

Sale of Goods Act 1979 13 14(2) 14(3)

Jurisdiction:

England and Wales

Citing:

Appeal from – Jewson Ltd v Kelly QBD 2-Aug-2002
The claimant sought payment for some boilers. The defendant argued that they were not of a satisfactory quality. The boilers were bought to be installed in new dwellings, but could not be shown to meet the standards advertised.
Held: The goods . .
Cited – Cammell Laird and Co Ltd v Manganese Bronze and Brass Co Ltd HL 1934
Shipbuilders agreed to build two ships to carry heavy liquids. They were to have propellers of special construction and diameter according to certain specifications. One proved unsatisfactory because it caused too much noise.
Held: If the . .
Cited – Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula.
Held: There was reliance as to the suitability of the ingredients only.
Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed . .
Cited – James Slater and Hamish Slater (A Firm) and Others v Fleming Ltd HL 10-Jul-1996
A term of fitness for purpose was inapplicable where there was an abnormal uncommunicated use: ‘if the buyer’s purpose is insufficiently communicated, the buyer cannot reasonably rely on the seller’s skill and judgment to ensure that the goods . .
Cited – Britvic Soft Drinks Ltd v Messer UK Ltd ChD 2002
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 April 2022; Ref: scu.184859

Paige v Webb: CA 26 Jul 2001

The claimant sought rescission of a consent order for specific performance made in an earlier action. The purchasers had not complied simply with the order, but had sought to bring back certain parts of the original contract.
Held: Once an order for specific performance has been made, the matter of how the contract is to be performed lies with the court, not the parties. The consent order itself referred back to the contract, and the remaining conditions still applied. The consent order should not be rescinded on these grounds. The seller had refused to complete without delivering a deed of rectification, nevertheless that would not in the circumstances pose any practical problem.

Judges:

Lord Justice Laws, Lord Justice Mummery, Sir Anthony Evans

Citations:

[2001] EWCA Civ 1220

Statutes:

Land Registration Act 1925 110(2)

Jurisdiction:

England and Wales

Citing:

Cited – Singh v Nazeer 1979
Once an order for specific performance has been made by the court, the parties have put it into the hands of the court as to how the contract is to be carried out. The provisions of the order regulate how the contract is to be carried out. The . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Litigation Practice, Registered Land

Updated: 12 April 2022; Ref: scu.159907

Workers Trust and Merchant Bank Ltd v Dojap Investments Ltd: PC 22 Feb 1993

(Jamaica) The purchaser at an auction had been obliged under the terms of the auction contract to pay a deposit of 25%. He failed to complete, and the vendor took the deposit by way of forfeit. The standard deposit payable would be 10%. The Court of Appeal of Jamaica ordered the return of the excess above 15%.
Held: A penalty was ‘a contractual provision which requires one party in the event of his breach of the contract to pay or forfeit a sum of money to the other party is unlawful as being a penalty, unless such provision can be justified as being a payment of liquidated damages being a genuine pre-estimate of the loss which the innocent party will incur by reason of the breach. One exception to this general rule is the provision for the payment of a deposit (customarily 10% of the contract price) on the sale of land. ‘ A deposit in excess of 10% of the purchase price (25%) was not properly described as ‘earnest money’ and may be treated rather as a penalty. As such, the whole deposit taken was repayable to the defaulting purchaser.

Judges:

Lords Keith, Jauncey, Donaldson, Browne-Wilkinson, Sir Christopher Slade

Citations:

Gazette 07-Apr-1993, [1993] 2 WLR 702, [1993] 2 All ER 370, [1993] AC 573, [1993] UKPC 7

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Commissioner of Public Works v Hills PC 24-May-1906
(Cape of Good Hope) A railway construction contract provided that in the event of a breach by the contractor he should forfeit ‘as and for liquidated damages’ certain percentages retained by the Government of the Cape of Good Hope of money payable . .
Considered – Stockloser v Johnson CA 1954
Romer LJ said that, in the absence of pressure or duress, or other vitiating elements, there was no jurisdiction to provide for relief against forfeiture in the event of the purchaser’s default in contracts other than those relating to land.
Cited – Linggi Plantations v Jagatheesan 1972
( Hong Kong Final Court of Appeal – from Malaysia) Lord Hailsham suggested that where, on investigation, the real nature of an initial payment, which was termed a deposit, was shown to be the imposition of a penalty, it might be recovered by the . .

Cited by:

Cited – Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others CA 21-Nov-2003
The parties entered into agreements licensing the exclusive distribution of encrypted television channels within Turkey. A clause provided a calculation of damages for a breach amounting to the balance of licence fees due, and other penalties, . .
Cited – MIDILL (97Pl) Ltd v Park Lane Estates Ltd and Another CA 11-Nov-2008
Refusal to return Land Contract Deposit
The court was asked as to whether a seller could retain a deposit paid by the claimant on a sale where contracts had been exchanged but the buyer had proved unable to go ahead.
Held: The appeal against refusal of return of the deposit failed. . .
Cited – Bidaisee v Dorinsa Yusidai Sampath and Others PC 1993
(Trinidad and Tobago) The parties contracted for the sale of a half share of land to the co-owner for TT$2 million. A 10% deposit was paid. A notice to complete was not met. The vendor sold the share to others for more. Arguments as to the validity . .
Cited – Union Eagle Limited v Golden Achievement Limited PC 3-Feb-1997
(Hong Kong) The parties had contracted with each other for the sale of land. Completion was to take place on the appointed day at 5:00pm. A ten per cent deposit had been paid, and time had been made of the essence. The seller sought to rescind the . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 10 April 2022; Ref: scu.90608

Whyfe v Michael Cullen and Partners and Others: CA 15 Nov 1993

The inclusion of a trick clause in a draft lease might be an intent to deceive. It was a triable issue as to whether the leases in issue had been obtained by a fraudulent misrepresentation as to their terms.

Citations:

Ind Summary 13-Dec-1993, Times 15-Nov-1993

Jurisdiction:

England and Wales

Torts – Other, Contract

Updated: 10 April 2022; Ref: scu.90480

CEF Holdings Ltd and Another v City Electrical Factors Ltd and Others: QBD 1 Jun 2012

The claimant sought continuation of interim orders requiring the defendants not to solicit the employment of its workers, and restraining any use of its intellectual property by defendants who had already left.
Held: That for various reasons the non-competition covenant was in unreasonable restraint of trade. One of his reasons, set out in para 65(i), was that ‘[i]ts width is so great that it prevents any employees from having ‘any interest’ in [a competing] company, such as even owning one share in a publicly-quoted company’.

Judges:

Silber J

Citations:

[2012] EWHC 1524 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Tillman v Egon Zehnder Ltd SC 3-Jul-2019
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 April 2022; Ref: scu.459900

Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd and Another: ChD 26 May 2010

The claimant sought interim injunctions to enforce a restrictive covenant against solicitation of customers in a former employee’s contract. The employee, a FOREX dealer, had been placed on garden leave for three months and then his contract terminated. The contract sought a further twelve months’ restriction.
Held: At trial it was likely to be held that the twelve months’ duration of the non-solicitation clause went beyond what was reasonably necessary for the protection of AFEX’s legitimate interests. Cousins J thought it likely that any period beyond six months would be found objectionable. Also the extension of the covenant to potential customers was unreasonable.

Judges:

Cousins QC J

Citations:

[2010] EWHC 1178 (Ch), [2010] IRLR 964

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 – Credit Suisse Asset Management Ltd v Armstrong and Others CA 3-Jun-1996
The employer provided fund management services to private clients. The notice periods for the various employees ranged between three and twelve months, but the handbook governing the terms of employment provided that during the respective notice . .
Cited – Lansing Linde v Kerr CA 1991
Staughton LJ held that ‘trade secrets’ embrace information used in a trade, restricted in its dissemination, and the disclosure of which would be liable to cause real or significant harm to the party claiming confidentiality. He considered the . .
Cited – Herbert Morris Ltd v Saxelby HL 1916
For a covenant in restraint of trade to be treated as reasonable in the interests of the parties ‘it must afford no more than adequate protection to the benefit of the party in whose favour it is imposed.’ There is a need for the court to consider . .
Cited – Kores Manufacturing Co Ltd v Kolok Manufacturing Ltd CA 1959
When considering a post employment restrictive covenant on an employee, the court should allow that an employer has a legitimate interest in maintaining a stable and trained workforce. However, even accepting that interest, an employer has no . .
Cited – Stenhouse Australia Ltd v Phillips PC 2-Oct-1973
(Australia) An employer’s claim for protection from competition by a former employee under a restrictive covenant must be based upon the identification of some advantage or asset inherent in the business which can properly be regarded as, in a . .
Cited – Mason v Provident Clothing and Supply Co Ltd HL 1913
The employee had covenanted not to work for any of the employer’s competitors ‘within 25 miles of London’. The appellate committee held that the employer had failed to establish that the extension of the restraint to the area thus specified was . .
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 – International Consulting Services (UK) Ltd v Hart QBD 26-Jan-2000
The claimant sought damages and an injunction from their former employee, the defendant, saying that he had breached a post-employment restrictive covenant.
Held: The court upheld a 12-month non-solicitation clause. This was however a . .
Cited – Dowden and Pook Ltd v Pook CA 1904
When an employment covenant is unlimited, the covenant cannot be rewritten to limit its territorial extent. . .
Cited – Home Counties Dairies v Skilton CA 1970
In construing an employee’s restrictive covenant, a court should disregard fanciful hypotheses or arguments leading to a reductio ad absurdum. . .
Cited – Dawnay, Day and Co Limited; Wilcourt Investments Limited v D’Alphen; Johnston; Parkman; Cantor Fitzgerald International CA 22-May-1997
The defendants were investment managers who left the plaintiff’s employment to take up posts with a rival. DD issued these proceedings claiming to enforce inter alia contractual undertakings by the defendants not to compete with the business of DDS, . .
Cited – Dairy Crest Ltd v Piggott CA 1989
When considering restrictive covenants in employment cases, courts must not seek to uphold a clause as reasonable only because the same clause was upheld in a different case. It is an error of law. There is no ‘tariff’ of what is reasonable. In this . .
Cited – Gilford Motor Co Ltd v Horne CA 1933
The defendant was the plaintiff’s former managing director. He was bound by a restrictive covenant after he left them. To avoid the covenant, he formed a company and sought to transact his business through it. At first instance, Farwell J had found . .
Cited – M and S Drapers (a Firm) v Reynolds CA 1956
The defendant, a collector salesman entered the employment of a firm of credit drapers at a weekly wage of andpound;10. He brought with him the connection of customers acquired in previous employments. He entered into a restrictive covenant that he . .
Cited – Office Angels Ltd v Rainer-Thomas CA 1991
Reasonability Test of Post Employment Restriction
The court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than adequate protection to a covenantee’s relevant legitimate . .
Cited – Basic Solutions Ltd v Sands QBD 23-Jun-2008
The claimant sought injunctions to prevent misuse by former employees of confidential information in their possession and breach of a post employment restrictive covenant.
Held: Eady J said that he could not see, as a matter of general . .
Lists of cited by and citing cases may be incomplete.

Employment, Contract

Updated: 10 April 2022; Ref: scu.416206

The Great Estates Group Ltd v Digby: CA 13 Oct 2011

The Claimant, an estate agent, considers that it was cut out of its entitlement to commission on the sale of a property in London in the buoyant market of the summer of 2007. By these proceedings it seeks compensation for that loss.
Toulson LJ explained that, if the contract was ‘capable’ of being read in two ways, the meaning which would result in validity might be upheld ‘even if it is the less natural construction’.

Judges:

Rix, Lloyd, Toulson LJJ

Citations:

[2011] EWCA Civ 1120, [2012] 2 All ER (Comm) 361

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Tillman v Egon Zehnder Ltd SC 3-Jul-2019
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. . .
Lists of cited by and citing cases may be incomplete.

Contract, Agency

Updated: 10 April 2022; Ref: scu.445446

Wood v Capita Insurance Services Ltd: SC 29 Mar 2017

Construction of term of contract for the sale and purchase of the entire issued share capital of a company.
Held: The appeal was dismissed: ‘the SPA may have become a poor bargain, as it appears that it did not notify the sellers of a warranty claim within two years of Completion. But it is not the function of the court to improve their bargain.’ The Court of Appeal’s construction of the Contract was correct.
The court when interpreting a contract term must find the objective meaning of the language used. That was not a literalist exercise, parsing the wording and particular clauses, but the court must take the entire contract and, depending on its the nature and formality and the quality of its the drafting, give more or less weight to elements of the wider context in reaching its view as to that objective meaning; that the interpretation of a contract was a unitary exercise and, where there were rival meanings, the court could give weight to the implications of rival constructions by reaching a view as to which construction was more consistent with business common sense; but that, in striking a balance between the indications given by the language and the implications of the competing constructions, the court had to consider the quality of drafting of the clause and also to be alive to the possibility that one side might have agreed to something which, with hindsight, did not serve his interest; that similarly the court should not lose sight of the possibility that the provision might be a negotiated compromise or that the negotiators were unable to agree more precise terms; that that unitary exercise involved a iterative process whereby each suggested interpretation was checked against the provisions of the contract and its commercial consequences were investigated; that when interpreting any contract, textualism and contextualism could be used as tools to ascertain the objective meaning of the language which the parties had chosen to express their agreement, and the extent to which each tool would assist the court in its task would vary according to the circumstances of the particular agreements; that agreements which were sophisticated and complex because they had been negotiated and prepared with the assistance of skilled professionals might be successfully interpreted principally by textual analysis; that the correct interpretation of other contracts, for example those which lacked clarity because of their informality, brevity or the absence of skilled professional assistance, might be achieved by a greater emphasis on considering their factual matrix and the purpose of similar provisions in contracts of the same type; that that approach to contractual interpretation was confirmed by recent case law and the recent history of the common law of contractual interpretation which was one of continuity rather than change.

Judges:

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge

Citations:

[2017] UKSC 24, [2017] 2 WLR 1095, [2017] AC 1173, [2017] CILL 3971, [2017] 4 All ER 615, [2017] WLR(D) 220, 171 Con LR 1, UKSC 2015/0212

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC Video 070217 am

Jurisdiction:

England and Wales

Citing:

Cited – Prenn v Simmonds HL 1971
Backgroun Used to Construe Commercial Contract
Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their . .
Cited – Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd CA 3-Jul-2001
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to . .
Cited – Sigma Finance Corporation, Re; (in administrative receivership) SC 29-Oct-2009
The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed.
Held: The court considered the interpretations of the . .
Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
Cited – Arnold v Britton and Others SC 10-Jun-2015
Absurdity did not defeat a clear clause
A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended.
Held: The tenants’ appeal failed . .
At First Instance – Wood v Sureterm Direct Ltd and Another ComC 14-Oct-2014
Construction of an indemnity provision in an agreement for the sale and purchase of the shares in the First Defendant.
Held: The Court decided a preliminary issue of the interpretation of the indemnity clause holding in effect, that it . .
Appeal from – Wood v Sureterm Direct Ltd and Capita Insurance Services Ltd CA 30-Jul-2015
At issue in this appeal is the true construction of a clause in a sale and purchase agreement in respect of all the shares in a company.
Held: The appeal succeeded. The Court of Appeal declared that Mr Wood’s liability under the indemnity in . .

Cited by:

Cited – MT Hojgaard As v EON Climate and Renewables UK Robin Rigg East Ltd and Another SC 3-Aug-2017
The defendants had requested tenders for the design and construction of an offshore wind farm. The court now considered the situation arising because of inconsistencies between documents in the tender request. The successful tender was based upon an . .
Cited – Lehman Brothers International (Europe) v Exotix Partners Llp ChD 9-Sep-2019
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant . .
Cited – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Cited – Barnardo’s v Buckinghamshire and Others SC 7-Nov-2018
The Court considered the interpretation of a clause in a pension scheme trust deed which defines the phrase ‘Retail Prices Index’ and which allows the trustees of the pension scheme to adopt a ‘replacement’ of the officially published Retail Prices . .
Cited – The Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd and Others ComC 15-Sep-2020
Test case to determine issues of principle in relation to policy coverage under various specimen wordings underwritten by the defendants in respect of claims by policyholders to be indemnified for business interruption losses arising in the context . .
Cited – The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others SC 15-Jan-2021
Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been . .
Cited – Green v Petfre (Gibraltar) Ltd (T/A Betfred) QBD 7-Apr-2021
Onerous Contract Terms Unclear – Not Incorporated
The claimant said that he had won a substantial sum on the online gaming platform operated by the defendants, but that they had refused to pay up. The defendants said that there had been a glitch in the game. The court faced a request for summary . .
Cited – Tillman v Egon Zehnder Ltd SC 3-Jul-2019
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 April 2022; Ref: scu.581275

Servais Bouchard v Princes Hall Restaurant: CA 1904

A restaurant in Piccadilly had contracted with a supplier of burgundy not to sell burgundy to its customers other than such as it had purchased from the supplier. The restaurant broke the contract
Held: A contract by which defendant Restaurant agreed to take all burgundy sold there from the plaintiffs was held not to be void for being in restraint of trade.

Judges:

Sir Richard Henn Collins Mr

Citations:

[1904] 20 TLR 574

Jurisdiction:

England and Wales

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 . .
Cited – Tillman v Egon Zehnder Ltd SC 3-Jul-2019
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 April 2022; Ref: scu.259689

Proactive Sports Management Ltd v Rooney and Others: QBD 15 Jul 2010

Judges:

Hegarty QC J

Citations:

[2010] EWHC 1807 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Proactive Sports Management Ltd v Rooney and Others CA 1-Dec-2011
Wayne Rooney set up a company to which he assigned his image rights, in other words his rights to exploit his image by, for example, his indorsement of sports products and by other forms of promotion and sponsorship. His company contracted with the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 10 April 2022; Ref: scu.421007

Owners of Cargo On K H Enterprise v Owners of Pioneer Container: PC 29 Mar 1994

Owners who were claiming under a bailment must accept the terms of a sub-bailment to which it had agreed. This result is both principled and just. A sub-bailee can only be said for these purposes to have voluntarily taken into his possession the goods of another if he has sufficient notice that a person other than a bailee is interested in the goods so that it can properly be said that (in addition to his duties to the bailee) he has, by taking the goods into his custody, assumed towards that other person the responsibility for the goods which is characteristic of a bailee. This they believe to be the underlying principle.
Where an exclusive jurisdiction clause exists, a party who seeks a stay brought in breach of that agreement to refer disputes to a named forum, will have to show strong cause
Lord Goff asked whether an exclusive jurisdiction clause in a bill of lading issued by a sub-bailee was binding on the cargo owner, and said: ‘Here is a ship, upon which the goods are loaded in a large number of containers; indeed, one container may contain goods belonging to a number of cargo owners. One incident may affect goods owned by several cargo owners, or even (as here) all the cargo owners with goods on board. Common sense and practical convenience combine to demand that all of these claims should be dealt with in one jurisdiction, in accordance with one system of law. If this cannot be achieved, there may be chaos. Much expense may be wasted on litigation in a number of different jurisdictions, as indeed happened in the present case, where there was litigation in eight other countries as well as Hong Kong and Taiwan. There is however no international regime designed to produce a uniformity of jurisdiction and governing law in the case of a multiplicity of claims of this kind. It is scarcely surprising therefore that shipowners seek to achieve uniformity of treatment in respect of all such claims, by clauses designed to impose an exclusive jurisdiction and an agreed governing law . . Within reason, such an attempt must be regarded with a considerable degree of sympathy and understanding . . Their Lordships do not consider that it can possibly be said that the incorporation of such a clause in a bill of lading is per se unreasonable.’

Judges:

Lord Goff

Citations:

Times 29-Mar-1994, Gazette 11-May-1994, [1994] 2 AC 324

Cited by:

Cited – Scottish and Newcastle International Limited v Othon Ghalanos Ltd HL 20-Feb-2008
The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have . .
Cited – Angara Maritime Ltd v Oceanconnect UK Ltd and Another QBD 29-Mar-2010
The court was asked as to the application of Section 25(1) of the Sale of Goods Act 1979 when an unpaid supplier of bunkers to a time charterer claims against the owner of the vessel.
Held: The issue was whether as a matter of fact there was a . .
Lists of cited by and citing cases may be incomplete.

Transport, Commonwealth, Contract, Agency

Updated: 09 April 2022; Ref: scu.84505

Norweb Plc v Dixon: QBD 24 Feb 1995

Electric supply was not made under a contract properly so called, and no offence was committed of harassment for payment. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract

Citations:

Times 24-Feb-1995, [1995] 1 WLR 636

Statutes:

Administration of Justice Act 1970 40(1)

Cited by:

Cited – Rowlands v City of Bradford Metropolitan District Council CA 26-Mar-1999
The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated.
Held: After the EAT decision in W v Essex, it was clear that . .
Cited – W 1-6 v Essex County Council and Another CA 2-Apr-1998
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the . .
Lists of cited by and citing cases may be incomplete.

Crime, Contract, Utilities

Updated: 09 April 2022; Ref: scu.84362

Montagu Evans v Young: OHCS 19 Sep 2000

In order to use the convention to give a country jurisdiction in a claim involving the payment of money only, it was not enough that the vendor had the option of paying in the UK, or that other parts of the contract might have been performed in the UK. They had to establish that Scotland was the sole place provided by the contract for performance of the particular obligation in issue.

Citations:

Times 19-Sep-2000

Statutes:

Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968

Contract, Jurisdiction

Updated: 09 April 2022; Ref: scu.83806

Manheath Ltd v H J Banks and Co Ltd (Scotland): OHCS 2 Jun 1995

If contract is subject to a suspensive condition, performance is not waivable.

Citations:

Times 02-Jun-1995, 1996 SC 42

Jurisdiction:

Scotland

Cited by:

Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 April 2022; Ref: scu.83377

Kelly v Cooper and Another: PC 25 Nov 1992

There was a dispute between a client and an estate agent in Bermuda. The client sued the estate agent for damages for breach of duty in failing to disclose material information to him and for putting himself in a position where his duty and his self-interest conflicted.
Held: It was appropriate to imply a term into the contract to the effect that the agent was entitled to act for other principals selling competing properties and to keep confidential the information obtained from each of those principals, even though that information might well have been material to the client. Estate agents have no general duty to disclose the details of another sale to their client. The existence and scope of the duties of an agent, fiduciary and otherwise, depend on the terms on which they are acting. The court was able to imply into an express contract of agency a term entitling an estate agent to act for numerous other competing principals selling similar properties and to keep confidential information received from each principal. It was known to the principal that the estate agent would be so acting in the course of its business. The effect of the implied term was to modify the normally strict fiduciary duties owed by an agent to the principal not to put himself into a position where his duty and interest conflicted, not to profit from his position (for example, by earning commissions from selling properties for rival principals) and to make disclosure of confidential information to the principal.
Lord Browne-Wilkinson said: ‘In a case where a principal instructs as selling agent for his property or goods a person who to his knowledge acts and intends to act for other principals selling property or goods of the same description, the terms to be implied into such agency contract must differ from those where an agent is not carrying on such general agency business. In the case of estate agents, it is their business to act for numerous principals: where properties are of a similar description, there will be a conflict of interest between the principals each of whom will be concerned to attract potential purchasers to their property rather than that of another. Yet, despite this conflict of interest, estate agents must be free to act for several competing principals otherwise they will be unable to perform their function . . The scope of the fiduciary duties owed by the [estate agent] to the [client] (in particular the alleged duty not to put themselves in a position where their duty and their interest conflicted) are to be defined by the terms of the contract of agency.’

Judges:

Lord Browne-Wilkinson

Citations:

Gazette 25-Nov-1992, [1993] AC 205, [1992] 3 WLR 936, [1993] ANZ Conv R 138

Citing:

Approved – Hospital Products Ltd v United States Surgical Corporation 25-Oct-1984
High Court of Australia – A solicitor’s duty of loyalty to his client’s interest, and his duty to respect his client’s confidences, have their roots in the fiduciary nature of the solicitor-client relationship, but may have to be moulded and . .

Cited by:

Cited – Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris CA 21-Oct-2003
The claimants sought damages from mortgagees who had sold their charged properties as receivers. They said they had failed to sell at a proper value. They asked whether the express appointment in the mortgage of receivers as agents of the mortgagor . .
Cited – DEG-Deutsche Investitions und Entwicklungsgesellschaft mbH v Koshy and Other (No 3); Gwembe Valley Development Co Ltd (in receivership) v Same (No 3) CA 28-Jul-2003
The company sought to recover damages from a director who had acted dishonestly, by concealing a financial interest in a different company which had made loans to the claimant company. He replied that the claim was out of time. At first instance the . .
Cited – Parker v Parker ChD 24-Jul-2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time.
Held: The applicant was entitled to reasonable . .
Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – Hilton v Barker Booth and Eastwood HL 3-Feb-2005
The claimant had instructed the defendant solicitors to act for him, where he was to contract with another client of the same solicitor in a land development. The solicitor failed to disclose that the other client had convictions for dishonesty, and . .
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Cited – Burkle Holdings Ltd v Laing TCC 23-Mar-2005
The parties had each instructed the same solicitor, but now disputed the entitlement of the other to see documents held by the solicitor. . .
Cited – Ratiu, Karmel, Regent House Properties Ltd v Conway CA 22-Nov-2005
The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used 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 – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
Held: Whether a party is a commercial agent within the . .
Lists of cited by and citing cases may be incomplete.

Contract, Agency

Updated: 09 April 2022; Ref: scu.82715

James Slater and Hamish Slater (A Firm) and Others v Fleming Ltd: HL 10 Jul 1996

A term of fitness for purpose was inapplicable where there was an abnormal uncommunicated use: ‘if the buyer’s purpose is insufficiently communicated, the buyer cannot reasonably rely on the seller’s skill and judgment to ensure that the goods answer that purpose.’

Judges:

Lord Steyn

Citations:

Times 10-Jul-1996

Statutes:

Sale of Goods Act 1979 14(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly CA 28-Jul-2003
The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be.
Held: . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 08 April 2022; Ref: scu.82479

Guildford Borough Council v Valler, Smith and Others: CA 15 Oct 1993

The use of the power of the High Court to commit a contemnor was discretionary but may be exercised for a negligent failure.

Judges:

Staughton LJ

Citations:

Ind Summary 01-Nov-1993, Times 15-Oct-1993, [1994] JPL 734

Jurisdiction:

England and Wales

Citing:

Appeal from – Guildford Borough Council v Valler and Others QBD 18-May-1993
Imprisonment or sequestration of assets was a proper remedy for a deliberate contempt of court. . .

Cited by:

Appealed to – Guildford Borough Council v Valler and Others QBD 18-May-1993
Imprisonment or sequestration of assets was a proper remedy for a deliberate contempt of court. . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Contract

Updated: 08 April 2022; Ref: scu.81081

Gulf Bank Ksc v Mitsubishi Heavy Industries Ltd: QBD 24 Aug 1993

A foreign contract was within the purview of Order 11 of the Rules of the Supreme Court. The presence of an indemnity clause which was expressly subject to UK law made the rest of the contract also subject to UK law. The indemnity clause was still part of the contract despite government decree.

Citations:

Gazette 17-Nov-1993, Ind Summary 30-Aug-1993, Times 24-Aug-1993

Litigation Practice, International, Contract

Updated: 08 April 2022; Ref: scu.81090

Grace v Leslie and Godwin Financial Services Ltd: ComC 16 May 1995

Lloyds’ brokers are to keep contract slips as evidence of the policy whilst ever a possibility of a claim exists. A failure to do so can hamper the conduct of the litigation to the detriment of syndicate members, and the broker can be liable to them in contract and in negligence.

Judges:

Clarke J

Citations:

Ind Summary 12-Jun-1995, Times 16-May-1995, [1995] LRLR 472

Jurisdiction:

England and Wales

Cited by:

Cited – Goshawk Dedicated Ltd and others v Tyser and Co Ltd and Another CA 7-Feb-2006
Lloyds underwiters sought inspection of the records of the Lloyd’s brokers.
Held: The documents must be made available at the cost of the underwriters. It was an implied obligation in a market where the brokers retained the records to make the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Negligence, Contract

Updated: 08 April 2022; Ref: scu.80957

Formica Ltd v Export Credits Guarantee Department: ComC 19 Oct 1994

A guarantor was entitled to see documents created by the company in chasing a debt. Procedure – specific discovery – common interest relied upon by applicant for discovery – insurance – documents brought into existence in furtherance of a common interest.

Judges:

Colman J

Citations:

Times 19-Oct-1994

Cited by:

Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 08 April 2022; Ref: scu.80635

De Balkany v Christie Manson and Woods Ltd: QBD 19 Jan 1995

Over-painting was deemed to be a forgery within the Christie terms and conditions. The exception was excluded. Christie’s was liable under the guarantee it had given. Morison J also considered (obiter) the defendant’s possible liability in tort, and whether they had assumed responsibility for the attribution: ‘I first look at the question generally without reference to the conditions.
The special features of this case are that Christie’s themselves have sole discretion over how they describe a lot. This fact is made known to buyers, in the sense that Christie’s disclose to potential bidders some of the terms on which they are acting for the seller. Christie’s employ skilled personnel who take considerable trouble to satisfy themselves as to the accuracy of the catalogue entries. This is well known. Buyers will know, therefore, that Christie’s have satisfied themselves as to the authenticity of a Lot, and the cataloguing practice which is disclosed, gives considerable latitude for appropriate qualifications where Christie’s are of the opinion that such is called for. The buyer is required to pay a substantial premium to the auctioneer. If the auctioneer assumes no responsibility to him, one might ask what the payment is for. On the other hand, in normal circumstances, a buyer has no reason to believe that an auctioneer has assumed any responsibility to him. The auctioneer is the seller’s agent. The buyer only becomes contractually bound by the conditions when his bid has been accepted.
On balance, and primarily because Christie’s take responsibility for the catalogue description which is an important feature from the buyer’s point of view, and because the buyer pays a premium, I would be inclined to the view that there was an assumption of responsibility such that Christie’s become liable to a buyer for negligent misstatement in the catalogue entries.
Do the Conditions affect this conclusion? Condition 3(a) says that statements in the catalogue are statements of Christie’s opinion. Condition 11(a), under what might be thought to be an inappropriate heading ‘Guarantee’, excludes responsibility for the ‘correctness’ of any such statement but it does not, in terms, exclude responsibility for negligence. Condition 3(c) says that buyers must satisfy themselves as to the opinions expressed in the catalogue. I am, somewhat reluctantly, forced to the conclusion that Christie’s have made it reasonably clear that they have not assumed any responsibility to the buyer for the way in which the statements in the catalogue are prepared.
In my judgment, a buyer at Christie’s, as a buyer at a car auction, must satisfy himself about the goods and cannot, in law, rely upon what Christie’s have said. The only right which a buyer has is that given to him by clause 11(b) where there is a forgery or where Christie’s have been guilty of deceit. I do not regard this conclusion as satisfactory because it means that a buyer has got nothing of substance for his premium.’

Judges:

Morison J

Citations:

Independent 19-Jan-1995, (1997) 16 Tr LR 163

Jurisdiction:

England and Wales

Cited by:

Cited – Morin v Bonhams and Brooks Ltd and Another ComC 18-Mar-2003
Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.
Jonathan Hirst QC said (after discussing the Christie’s case): ‘Plainly this authority provides substantial ammunition for BandB . .
Cited – Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M CA 18-Dec-2003
The claimant had bought a vintage Ferrari motor car through the defendant auctioneers in Monaco but sought rescission after it appeared that the odometer had been altered. The auction conditions purported to exclude any description of the car. He . .
Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 08 April 2022; Ref: scu.79849

Chilton v Saga Holidays Plc: CA 3 Dec 1984

At a trial under the small claims procedure, the registrar had declined to allow the defendant company to dross examine the plaintiff, and the counr court judge had held that decision to be well within the registrar’s discertion under the rules, on the basis that as acting without lawyers, they would be unable to achieve similar cross examinations of the dfenedants.
Held: The appeal succeeded. ‘Informality is all important in these small claims cases provided that the rules of natural justice are observed; and while I have not actually invited Mr. Foskett to defend his application for further and better particulars in this case, they are virtually indefensible. It was an attempt to turn this arbitration into a High Court hearing with detailed requests for information of which there was not the slightest need since they were already set out in a document prepared by the claimant. That is the sort of formality which should be disapproved of without qualification; but cross-examination is quite different. I would set the award aside and reluctantly, because additional costs may be involved, would direct that it be re-heard by a different registrar. ‘

Judges:

Sir John Donaldson MR, Slade, Lloyd LJJ

Citations:

[1984] EWCA Civ 1, [1986] BTLC 11, [1986] 1 All ER 841

Links:

Bailii

Statutes:

County Court Rules 1981

Jurisdiction:

England and Wales

Citing:

Cited – Allen v Allen CA 1894
Lopes LJ said: ‘It appears to us contrary to all rules of evidence, and opposed to natural justice, that the evidence of one party should be received as evidence against another party, without the latter having an opportunity of testing its . .
Lists of cited by and citing cases may be incomplete.

Contract

Leading Case

Updated: 08 April 2022; Ref: scu.258756

Lehman Brothers Special Financing Inc v National Power Corporation and Another: ComC 12 Mar 2018

‘calculation of Close-out Amount under the 2002 ISDA (International Swaps and Derivatives Association, Inc.) Master Agreement. Is it open to a Determining Party to remake a determination of Close-out Amount? Did the change in wording from ‘reasonably determines in good faith’ in the 1992 ISDA Master Agreement to ‘act in good faith and use commercially reasonable procedures in order to produce a commercially reasonable result’ in the 2002 ISDA Master Agreement have the effect of replacing a requirement for a rational decision with a requirement for an objectively reasonable decision?’

Citations:

[2018] EWHC 487 (Comm), [2018] WLR(D) 157

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Financial Services, Contract

Updated: 06 April 2022; Ref: scu.606425

Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd: ChD 31 Jan 2018

The court was asked whether a developer used ‘reasonable endeavours’ to achieve ‘as soon as reasonably practicable’ the satisfaction of certain conditions upon the fulfilment of which the developer became obliged to make an overage payment of pounds 1.4 million: and if it did not, then whether the overage payment or damages in lieu are payable.

Judges:

Norris J

Citations:

[2018] EWHC 118 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Land

Updated: 04 April 2022; Ref: scu.604191

Story v McLoughlin: QBD 21 Dec 2017

The court was asked whether the claimant has a real prospect of establishing that he is entitled to declaratory relief as a result of a breach of contract by the Conservative and Unionist Party (the Party) when it decided not to certify that he may be returned as an MEP for the Yorkshire and the Humber Region after a vacancy occurred in October 2016.

Judges:

Edis J

Citations:

[2017] EWHC 3350 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 03 April 2022; Ref: scu.602678

Dynniq UK Ltd v Lancashire County Council: TCC 7 Dec 2017

The claimant sought various declarations as to the proper meaning of two particular parts of the service contract between the parties for the maintenance of traffic signal installations and associated equipment, and the construction of new or replacement traffic signal installations and equipment, in Lancashire.

Judges:

Coulson J

Citations:

[2017] EWHC 3173 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 02 April 2022; Ref: scu.601878

Adam Architecture Ltd v Halsbury Homes Ltd: CA 2 Nov 2017

Appeal by a firm of architects in litigation concerning its entitlement to recover fees following termination of its engagement. The principal issue in this appeal is whether Section 111 of the 1996 Act applies only to interim payments or whether it also applies to payments due following completion of the works or termination of the contract.

Judges:

Jackson, Lindblom, Thirlwall LJJ

Citations:

[2017] EWCA Civ 1735

Links:

Bailii

Statutes:

Housing Grants, Construction and Regeneration Act 1996 111

Jurisdiction:

England and Wales

Construction, Contract

Updated: 01 April 2022; Ref: scu.598471

Scomadi Ltd and Another v RA Engineering Co Ltd and Others (Judgment): IPEC 27 Oct 2017

Claims and counterclaims covering breach of contract, trade mark infringement, passing off, Registered Community Design (‘RCD’) infringement, UK unregistered design right infringement, negligent misrepresentation, negligent misstatement, infringement of copyright, and rescission .

Citations:

[2017] EWHC 2658 (IPEC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Main Judgment – Scomadi Ltd and Another v RA Engineering Co Ltd and Others (Orders) IPEC 27-Oct-2017
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract, Torts – Other

Updated: 31 March 2022; Ref: scu.598318

Koninklijke Philips Nv v Asustek Computer Incorporation and Others: CA 11 Oct 2017

Appeal from decision regarding alleged infringement of a patent cross-licensing agreement containing a covenant not to assert patents against third parties.

Judges:

Arden DBE, Kitchin, Floyd LJJ

Citations:

[2017] EWCA Civ 1526

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, Contract

Updated: 30 March 2022; Ref: scu.596089

MM Packaging (UK) Ltd v Philip Potter and Others: CA 31 Jul 2017

Interpretation of a formal settlement agreement made between the appellant company, which had closed a factory operated by it in Bootle, and the former employees and their trade union.

Judges:

Underhill, Lindblom, Thirlwall LJJ

Citations:

[2017] EWCA Civ 1471

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Employment

Updated: 30 March 2022; Ref: scu.595812