Source: All England Reporter
Publisher Citation: [2008] All ER (D) 279 (Jun)
Court: Queen's Bench Division
Judge:

Judge Seymour QC sitting as a Judge of the High Court

Representation The claimant appeared in person.
  Bridget Williamson (instructed by Callaghans Solicitors, Farnham) for the defendant.
Judgment Dates: 20 June 2008

Catchwords

Contract - Construction - Contractual term - Breach - Claimant entering into agreement with defendant to be registered as a specialist assessor - Claimant alleging implied term of agreement that defendant would offer a certain number of assignments a year subject only to sufficient demand for her services and maintenance of her registration - Whether implied term.

The Case

A claim for breach of contract was dismissed, where the claimant had entered into an agreement with the defendant registering as a special assessor, in circumstances where she had argued that it was fair that a term should be implied into the agreement that the defendant would offer a certain number of assignments a year subject only to there being sufficient demand for her services and maintenance of her registration. It was impossible to see how many assignments should be allocated to the claimant in accordance with the term. Moreover, the meaning was uncertain.

If you are a LexisLibrary subscriber you can read more about this case here.