||All England Reporter
|| All ER (D) 308 (Dec)
|| EWCA Civ 1884
||Court of Appeal, Civil Division
Dame Elizabeth Butler-Sloss P, Waller and Scott Baker LJJ
||William Hunter (instructed by Brown Jacobson) for Oakham.
||James Collins (instructed by Evans Dodd) for Cavendish.
||19 December 2002
Contract - Sale of company - Construction of contract - Lien - Lien over goods in storage in respect of unpaid storage costs.
The court had to try to give such effect as it could to the intention of parties to a commercial agreement, and should be slow to reach a conclusion which frustrated that purpose. In the instant case, on the proper construction of a contract for the sale of a company, the purchaser had the right to exercise a lien on behalf of the vendor or on its own behalf in relation to a customer's storage charges arising after the date of the contract.
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