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| Abbott v Will Gannon & Smith Ltd. [2005] EWCA Civ 198 |
Date for accrual of cause of action and limitation - Pirelli and Murphy revisited. CA. Mummery LJ; Tuckey LJ; Clarke LJ. 2nd March 2005. |
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| Carillion Construction Ltd v Felix UK Ltd [2000] Lawtel AC0100155 |
Settlement of dispute achieved by economic duress. TCC. Dyson J. 6th November 2000.
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| Catalyst Recycling Ltd v Nickelhütte Aue GmbH [2007] EWHC 866 (QB) |
Illegality : repudiation by breach of implied term. Held : Breach, if any technical. No implied term as to legality of operations - viz import of recycled waste from UK to Germany. HHJ S P Grenfell. 4th May 2007
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| Catalyst Recycling Ltd v Nickelhütte Aue GmbH [2008] EWCA Civ 541 |
Illegality : repudiation by breach of implied term. Held : Breach, if any technical. No implied term as to legality of operations - viz import of recycled waste from UK to Germany. Waller LJ; Lawrence Collins LJ; Rimer LJ. 22nd May 2008. |
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| George Wimpey UK Ltd. v VI Construction Ltd. [2005] EWCA Civ 77 |
Unilateral Mistake : Rectification will not be available in the absence of dishonest inducement of misunderstanding, by other party, of the terms of a contract. Mere knowlege of the other's misunderstanding, without more, is not enough. CA. Peter Gibson LJ; Sedley LJ; Mr Justice Blackburne. 3rd February 2005. |
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| J. Murphy & Sons Ltd v. ABB Daimler-Benz Transportation (Signal) Ltd [1998] EWHC TCC 278 |
Formation of contract : HHJ Hicks QC. 2nd December, 1998 |
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| NVC Constructional Services Ltd v. Teal [2005] ScotSC 11 |
Part payment in full and final settlement under Scots Law. Sheriff Douglas J Cusine. Aberdeen. 9th February 2005.
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| Organic Group Ltd v Charterhouse Macmillan Group Inc [2007] EWHC 1275 (QB) |
Whether or not the parties concluded a contract. Mr Justice Mackay. 1st May 2007 |
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| P C Partitions Ltd v Canary Wharf Contractors Ltd [2004] EWHC 1766 (TCC) |
Formation of contract : representations : implying terms : HHJ Richard Seymour. 28th July 2004 |
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| Peekay Intermark Ltd v Australia & New Zealand Banking Group Ltd [2005] EWHC 830 (Comm) |
Misrepresentation : Signing a contract in different terms to a representation does not negative the right to claim damages for a misrepresentation that induces a party to enter into the contract. D.J. Richard Siberry QC: 25th May 2005
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| Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd [2008] EWHC 992 (TCC) |
Withholding notice : Validity - right to set off counterclaims - enforcement of / appeal against summary judgement. Mr Justice Ramsey. 7th May 2008 |
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| Proforce Recruit Ltd v The Rugby Group Ltd [2006] EWCA Civ 69 |
Privilege : Pre-contractual negotiations : Battle of the Forms : CA. Mummery LJ; Arden LJ; Richards LJ. 17th February 2006. |
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| Rolls-Royce Power Eng. v Ricardo Consulting Eng. [2003] EWHC 2871 (TCC) |
Privity : The claimants failed to establish that they were the agency principals in a contract negotiated by a subsidiary company. In consequence by operation of the Doctrine of Privity they were unable to sustain a claim for breach of contract against the defendants. HHJ Richard Seymour. 2nd December 2003
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| RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co Kg [2008] EWHC 1087 (TCC) |
Letters of intent - installation of production plant for Muller Rice : What contract terms if any could be identified and what payment provisions applied to that contract? Mr Justice Christopher Clarke. 16th May 2008 |
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| Rugby Group Ltd v Proforced Recruit Ltd [2005] EWHC 70 (QB) |
Intention to create legal relations : "subject to contract" may prevent enforcement of executory obligations but performance will invoke an implied contract on the original terms. |
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| Sudojo Consulting P/L v Africa Pacific Capital P/L [2008] NSWSC 353 |
Contract - Plaintiff and defendant agreed that they were parties to a consultancy agreement but disagree as to the precise terms - Letter/email later sent by plaintiff purporting to summarise terms agreed upon and seeking signature but never signed on behalf of defendant - Proceedings exemplify difficulties of pressing too far, the classical theory of contract formation based upon offer and acceptance in certain circumstances - Proceedings represent an example of a case where it is necessary to look at the whole of the relationship and not only at what was said and done when the relationship was first formed, it being the case that in an ongoing relationship, it is not always easy to point to the precise moment when the legal criteria of a contract have been fulfilled. Einstein J. 24th April 2008 |
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| Tahmassebi v Persia International Bank Plc [2007] EWHC 1751 (QB) |
Meaning of the phrase \"To use best endavours\" in a contract. Interpretation of applicant upheld - but failure to establish breach. Mr Justice Davis. 23rd July 2007 |
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| Torch v Cable Shipping [2004] EWHC 787 (Comm) |
Representation : Arbitrator held that a false representation, namely that the deck of a ship was able to support the weight of a crane, induced a contract. The defendant sought to have the award set aside claiming the representation only affected the price, not the making of the contract - resulting in a serious irregularity. Court upheld the award. |
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