Cluttons LLP v Regis Group Ltd [2012] EWCA Civ 965 (21 June 2012)

Cluttons LLP v Regis Group Ltd [2012] EWCA Civ 965 (21 June 2012)

Cluttons LLP, as assignee of the benefit of the Regis guarantee under the Business Transfer Agreement, was entitled to enforce the guarantee and recover the sums paid to settle the claim of Trinity House against the Firm, as Regis was ultimately liable for Equity's default under the management contract.

Citation
[2012] EWCA Civ 965
Parties
Claimant/respondent: Cluttons LLP; Defendant/appellant: Regis Group Ltd
Jurisdiction
England and Wales
Judgment Date
21 June 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assignment of Contractual Rights, Guarantees and Indemnities, Novation, Subrogation
Contract Law Commercial Law Assignment of Contractual Rights Guarantees and Indemnities Novation Subrogation

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Parties

Cluttons LLP

Claimant/respondent

Regis Group Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Cluttons LLP was entitled to enforce the benefit of a guarantee given by Regis Group Ltd under a 2002 agreement after business transfer and assignment.
  2. 2 Whether Regis Group Ltd was liable to indemnify Cluttons LLP for sums paid to settle a claim by Trinity House.

Ratio Decidendi

Cluttons LLP, as assignee of the benefit of the Regis guarantee under the Business Transfer Agreement, was entitled to enforce the guarantee and recover the sums paid to settle the claim of Trinity House against the Firm, as Regis was ultimately liable for Equity's default under the management contract.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Cluttons LLP for £114,664