World Online Telecom Ltd v I-Way Ltd [2002] EWCA Civ 413 (8 March 2002)

World Online Telecom Ltd v I-Way Ltd [2002] EWCA Civ 413 (8 March 2002)

The law is unsettled as to whether a clause requiring written variation precludes oral or conduct-based variation; the factual and legal issues are sufficiently arguable to require a full trial. Summary judgment is inappropriate. The judge's costs order should be varied to award I-Way one half of their costs below.

Citation
[2002] EWCA Civ 413
Parties
Claimant/respondent: World Online Telecom Limited (formerly known as Localtel Limited); Defendant/appellant: I-Way Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2002
Procedural Posture
Civil Appeal / Interlocutory Appeal From Refusal of Summary Judgment and Striking Out of Claims
Outcome
Defendant's appeal dismissed; Claimant's cross-appeal allowed on costs issue only
Legal Topics
Contract Variation, Summary Judgment, Estoppel, Costs Orders
Contract Law Civil Procedure Contract Variation Summary Judgment Estoppel Costs Orders

Case Brief

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Parties

World Online Telecom Limited (formerly known as Localtel Limited)

Claimant/respondent

I-Way Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Appeal From Refusal of Summary Judgment and Striking Out of Claims

Legal Issues

  1. 1 Whether a contractual clause requiring written variation precludes oral or conduct-based variation
  2. 2 Whether summary judgment should be granted on the counterclaim
  3. 3 Whether the judge erred in striking out claims for misrepresentation and negligent misstatement without considering proposed amendments

Ratio Decidendi

The law is unsettled as to whether a clause requiring written variation precludes oral or conduct-based variation; the factual and legal issues are sufficiently arguable to require a full trial. Summary judgment is inappropriate. The judge's costs order should be varied to award I-Way one half of their costs below.

Court Disposition

Defendant's appeal dismissed; Claimant's cross-appeal allowed on costs issue only

Orders

  • Defendant's appeal dismissed
  • Claimant's cross-appeal allowed in relation to costs