JOHN LOBB S.A.S v JOHN LOBB LIMITED

JOHN LOBB S.A.S v JOHN LOBB LIMITED

The 2008 Agreement, by its express terms and construction, allocated the risk of mistake as to ownership of the trade marks to the Respondent. The mistake did not render the contract impossible to perform or its subject matter radically different. Therefore, the Respondent's claim for common mistake cannot succeed and summary judgment is appropriate.

Parties
Appellant/defendant: John Lobb S.A.S; Respondent/claimant: John Lobb Limited
Jurisdiction
England and Wales
Judgment Date
08 September 2022
Procedural Posture
Civil Appeal / Appeal From Order Refusing Summary Judgment and Strike Out
Outcome
Appeal allowed; summary judgment granted for Appellant; Respondent's claim dismissed
Legal Topics
Common Mistake, Summary Judgment, Strike Out, Contract Construction
Contract Law Common Mistake Summary Judgment Strike Out Contract Construction

Case Brief

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Parties

John Lobb S.A.S

Appellant/defendant

John Lobb Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Order Refusing Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the 2008 Agreement is void for common mistake as to ownership of trade marks
  2. 2 Whether the contract allocated risk of mistake to one party
  3. 3 Whether the mistake rendered the contract impossible to perform or its subject matter radically different

Ratio Decidendi

The 2008 Agreement, by its express terms and construction, allocated the risk of mistake as to ownership of the trade marks to the Respondent. The mistake did not render the contract impossible to perform or its subject matter radically different. Therefore, the Respondent's claim for common mistake cannot succeed and summary judgment is appropriate.

Court Disposition

Appeal allowed; summary judgment granted for Appellant; Respondent's claim dismissed

Orders

  • Set aside paragraphs 1, 2 and 3 of the Deputy Master's Order
  • Summary judgment entered for Appellant/Defendant on the whole claim