Source: All England Reporter
Publisher Citation: [2009] All ER (D) 135 (Aug)
Neutral Citation: [2009] EWHC 2130 (QB)
Court: Queen's Bench Division

Blair J

Representation Robert Glancy QC (instructed by Mishcon de Reya) for the claimant.
  James Allen QC and David Rose (instructed by Brooke North LLP, Leeds) for the defendant.
Judgment Dates: 18 August 2009


Contract - Services - Claims handling agreement - Implied term - Unconscionability - Claimant making payment to defendant company for its services pursuant to parties' claims handling agreement - Claimant bringing proceedings seeking to recover payment - Allegation made that defendant already being compensated for its claims handling services - Judge finding claimant unable to recover payment - Whether judge correct - Whether term to be implied into agreement - Whether unconscionable bargain.

The Case

Contract Services. Queen's Bench Division: The court dismissed the claimant's appeal against a decision of a county court judge who had refused his claim for the recovery a sum of 352.50, which he had paid to the defendant claims handling company, pursuant to an agreement which the parties had entered into; a term could not be implied into the agreement to support the claimant's case, and the bargain which the parties had entered into was not unconscionable. The action which the claimant had brought against the defendant was alleged to have been the first of its kind.

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