Where a case is linked (in green) the link is to BAILLI.
Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [Court of Appeal] Contract - Breach - Valuation of property - obligation on valuer that of reasonable professional - lear language were required to impose an obligation stricter than that of reasonable care in a particular case
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2009 |
Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd; [2009] WLR (D) 124
CA: Waller, Arden and Moore-Bick LJJ: [2009] EWCA Civ 290: 2 April 2009
CONTRACT — Exclusion clause — International supply contract — Contract for lease of two aircraft between parties with places of business in different states— Contract containing exclusion clause — Aircraft delivered in United Kingdom — Whether international supply contract — Whether aircraft “delivered” to territory of state — Whether exclusion clause subject to statutory requirement of reasonableness — Whether defendants entitled to rely on exclusion clause — Unfair Contract Terms Act 1977, ss 8, 26 (1),(4)(a) |
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2009 |
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Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128
CA: Waller, Arden and Moore-Bick LJJ: 2 April 2009
CONTRACT — Consumer contract — Unfair terms — Office of Fair Trading seeking injunction against estate agents in relation to fairness of its standard terms — Estate agent applying to strike out parts of relief sought — Judge striking out words which otherwise would prevent estate agent enforcing terms in current contracts — Whether court having power to grant injunction and/or declaration— Whether injunction capable of extending to use of unfair terms in existing contract — Unfair Terms in Consumer Contracts Regulations 1999, reg 12(1)(4) — Council Directive 93/13/ECC, art 7 |
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2009 |
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Office of Fair Trading v Abbey National plc and others [Court of Appeal] Fair trading - Contract - Unfair terms - Banks charging personal current account customers when making payments from accounts containing insufficient funds - exempt from fairness? - Unfair Terms in Consumer Contracts Regulations 1999
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2009 |
Chinnock v Hocaoglu and another [Court of Appeal] Vendor and purchaser - Completion - terms as to payment have to be clearly expressed in the contract to oust normal rule
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2009 |
Alchemy Estates Ltd v Astor and another [Chancery Division] Vendor and purchaser - Leasehold property - Contract for assignment
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2009 |
Chartbrook Ltd and another v Persimmon Homes Ltd and another [House of Lords] Contract - Construction - Pre-contract negotiations - Whether ordinary rules of construction apply - Whether evidence of parties' negotiations admissible as aid to construction where disputed term defined in contract - Whether rectification to be granted
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2009 |
| Transfield Shipping Inc v Mercator Shipping Inc [House of Lords] Damages - Contract - Breach - Time charter - Late redelivery - Whether charterers liable for owners' loss of profit under new charter - Whether loss arising naturally from breach of contract |
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2009 |
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Chief Constable of the Greater Manchester Police v Wigan Athletic AFC Ltd [Court of Appeal] Police - Duties - Law enforcement - Football club's safety certificate requiring attendance of police officers - Whether contract to pay reasonable sum for services provided - Whether club receiving benefit from chief constable it would be unjust to retain - Whether chief constable entitled in restitution to recover unpaid charges
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2009 |
Pitts and others v Jones [Court of Appeal] Guarantee - Debt - Surety's liability
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2008 |
Evans v Kosmar Villa Holidays Ltd [Court of Appeal] Contract - Implied term - Package holiday - Claimant booking foreign holiday with tour operator - Claimant injured diving into swimming pool at holiday complex - Implied term to exercise reasonable care and skill in provision of facilities
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2008 |
Halpern v Halpern (Nos 1 and 2) [Court of Appeal] Conflict of laws - Contract - Proper law - Contract - Rescission - Counter-restitution - Inheritance dispute compromised by agreement - Claimants seeking damages for breach of agreement - Defendants pleading entitlement to avoid agreement for duress - Whether contract procured by duress could be avoided without providing counter-restitution
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2008 |
WWF - World Wide Fund for Nature v World Wrestling Federation Entertainment Inc [Court of Appeal] Damages - Contract - Breach - Restrictive covenant - Claim for injunction to restrain future breaches and damages for past breaches - Claimants refused permission to add claim for account of profits - Whether claimants entitled to add claim for damages in form of reasonable payment for hypothetical relaxation of covenant during period of breach - Whether precluded on grounds of estoppel or abuse of process
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2008 |
*Independiente Ltd and others v Music Trading On-Line (HK) Ltd [Court of Appeal] Contract - Construction - Settlement agreement - Parties settling proceedings by agreement whereby defendant agreeing to give undertakings to court not to do specific acts - Whether defendant agreeing with claimants not to breach undertakings - Whether undertakings impliedly given to claimants as well as court - Whether breach of undertakings actionable as breach of contract
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2008 |
Reinwood Ltd v L Brown & Sons Ltd [House of Lords] Building - Contract - Determination
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2008 |
The County Homesearch Co (Thames & Chilterns) Ltd v Cowham [Court of Appeal] Contract - Implied term - Home buyer's agent - Home buyer contracting with agent that agent work with him to find suitable property to purchase - Term that commission payable on exchange of contracts - Agent's services not effective cause of buyer's purchase - Whether agent entitled to commission - Whether implied term that commission payable only if agent's services effective cause of transaction being brought about - Whether inconsistent with contract terms
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2008 |
OBG Ltd v Allan [House of Lords] Confidential information - Breach of confidence - Damages - Celebrity couple granting magazine exclusive rights to publish selected photographs of wedding
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2008 |
Office of Fair Trading v Lloyds TSB Bank plc [House of Lords] Fair trading - Consumer credit - Credit card - Connected lender liability - Credit card transactions entered into abroad - Claim by debtor for misrepresentation or breach of contract by supplier - Whether statutory remedy available against creditor where transaction entered into abroad
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2008 |
J H Ritchie Ltd v Lloyd Ltd [House of Lords] Sale of goods - Rejection of goods - Repair - Defective goods returned to sellers for investigation and possible repair - Sellers repairing goods but refusing to tell buyers what defect had been - Whether buyers entitled to reject goods - Whether term to be implied into contract for investigation and possible repair entitling buyers to information requested - Sale of Goods Act 1979 (c 54), s. 35(6)(a) (as inserted by Sale and Supply of Goods Act 1994
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2007 |
| Regina (Kemp) v Denbighshire Local Health Board and another [Queen's Bench Division] Restitution - Quasi-contract - Money had and received |
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2007 |
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| Shinedean Ltd v. Alldown Demolition (London) Ltd (in liquidation) and another [Court of Appeal] Insurance -Contract - Condition precedent - Co-operation clause requiring insured to provide information to insurer - Implied term that information be provided within reasonable time - Delay in providing information causing insurer no material prejudice - Whether prejudice to insurer prerequisite of breach - Whether breach of condition - Whether insurer entitled to decline to indemnify insured |
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2006 |
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| Deutsche Morgan Grenfell Group plc v. Inland Revenue Commissioners and another [Court of Appeal] Restitution - Quasi-contract - Moneys had and received - Claimant contending payments made under mistake of law - Whether English law recognising claim in restitution to recover taxes paid under mistake of law |
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2006 |
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| Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v. Inland Revenue Commissioners and another [Court of Appeal] Restitution - Quasi-contract - Money had and received |
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2006 |
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| OBG Ltd and another v. Allan and others [Court of Appeal] Tort - Cause of action - Procuring breach of contract - Invalidly appointed receivers assuming control of company's contracts - Whether wrongful interference with contractual relations - Whether conversion of company's contracts |
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2005 |
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| Amec Civil Engineering Ltd v. Secretary of State for Transport [Court of Appeal] Arbitration - Agreement - Construction - Constructioncontract requiring parties to refer "dispute or difference" for engineer's decision before instituting arbitration proceedings - Whether "dispute or difference" existing capable of referral for engineer's decision - Whether engineer required to comply with rules of natural justice - Whether engineer's decision invalid for procedural unfairness - Whether arbitration consequent upon engineer's decision validly commenced |
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2005 |
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| P & O Nedlloyd BV v. Arab Metals Co and others [Queen's Bench] Limitation of action - Contract , breach of - New cause of action - Whether six-year limit in contract applicable to claim for specific performance by analogy - Limitation Act 1980 |
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2005 |
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| Regina (Khatun and others) v. Newham London Borough Council [Court of Appeal] air trading -Contract - Unfair terms - Grant or transfer of interest in land - Local authority letting property to homeless persons in fulfilment of statutory duty - Whether land transactions subject to fair trading regulations - Whether local authority acting as "seller or supplier" - Whether tenants "consumers" - Unfair Terms in Consumer Contracts Regulations 1999 |
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2005 |
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| Brennan v. Bolt Burdon (a firm) and others [Court of Appeal] Contract - Mistake - Common mistake - Claimant compromising action relying on law as it was understood to be - Understanding of law changed by judicial decision - Claimant withdrawing offer to compromise - Whether compromise entered into under common mistake of law - Whether implied acceptance of risk of future judicial decision - Whether compromise to be reopened |
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2005 |
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| Hamilton-Jones v. David & Snape (a firm) [Chancery Division] Damages - Contract - Breach - Mental distress - Claimant bringing action in contract and tort against solicitors - Whether damages for mental distress recoverable |
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2005 |
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| Habton Farms (an unlimited company) v. Nimmo and another [Court of Appeal] Damages - Agency - Breach of warranty of authority - Defendant purporting to contract to buy racehorse on behalf of principal - Principal refusing to accept racehorse - Seller treating contract as valid - Horse dying while still in seller's possession - Whether defendant liable for breach of warranty of authority - Appropriate measure of damages |
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2004 |
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| Great Peace Shipping Ltd v. Tsavliris Salvage (International) Ltd [Court of Appeal]
Contract - Mistake - Common mistake - Contract for hire of vessel for five days to escort and stand by stricken vessel - Common mistake as to proximity of vessels - Services provided by closer vessel - Repudiation of contract - Whether contract void at law - Whether voidable in equity
Judicial precedent - Court of Appeal decisions - How far binding - Decision of Court of Appeal irreconcilable with earlier House of Lords decision - Whether subsequent Court of Appeal entitled to disregard it |
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2002 |
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| Heaton and others v. AXA Equity and Law Life Assurance Society plc and another [House of Lords] Contract - Breach - Overlapping claims - Claims for successive breaches against two defendants - Claimants concluding settlement agreement with one defendant "in full and final settlement" of claim - Whether extinguishing claim against other defendant |
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2002 |
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| Farley v. Skinner [House of Lords] Damages - Contract - Breach - Plaintiff instructing surveyor to report whether property affected by aircraft noise - Surveyor negligently reporting that property unlikely to be affected - Plaintiff purchasing property - Property substantially affected by aircraft noise - Plaintiff deciding not to move - Provision of amenity not sole object of contract and not subject of guarantee by surveyor - Whether plaintiff entitled to damages against surveyor for loss of amenity |
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2001 |
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| Bank of Credit and Commerce International SA v. Ali and others [House of Lords] Employment - Contract of employment - Implied term - Redundant employees entering into agreement settling all claims arising from employment - Employer subsequently found to have conducted business illegally and dishonestly - Employees claiming stigma damages for breach of implied term of trust and confidence and misrepresentation - Whether claims barred by agreement |
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2001 |
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