Source: All England Reporter
Publisher Citation: [2012] All ER (D) 259 (Jul)
Neutral Citation: [2012] EWHC 2044 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Cooke J

Representation Jasbir Dhillon and Craig Morrison (instructed by Quinn Emanuel Urquhart & Sullivan UK LLP) for the claimant.
  Adrian Beltrami QC and Richard Hanke (instructed by Linklaters LLP) for the defendant.
Judgment Dates: 8 July 2012

Catchwords

Contract - Implied term - Implication necessary to give business efficacy to contract - Parties entering contract - Claimant contending contract containing term sheet and implied terms - Whether term sheet forming part of contract - Construction of contract - Whether contract containing implied terms - Whether defendant breaching contract.

The Case

Contract Implied term. The Commercial Court held that the defendant company was not in breach of its contract with the claimant company as the terms alleged by the claimant could not be implied into the contract.

Practice Areas

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