| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 308 (Dec) |
| Neutral Citation: | [2002] EWCA Civ 1884 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Dame Elizabeth Butler-Sloss P, Waller and Scott Baker LJJ |
| Representation | William Hunter (instructed by Brown Jacobson) for Oakham. |
| James Collins (instructed by Evans Dodd) for Cavendish. | |
| Judgment Dates: | 19 December 2002 |
Catchwords
Contract - Sale of company - Construction of contract - Lien - Lien over goods in storage in respect of unpaid storage costs.
The Case
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.
Practice Areas
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