Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus and Coach Ltd & Anor [2023] EWCA Civ 1297 (10 November 2023)

Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus and Coach Ltd & Anor [2023] EWCA Civ 1297 (10 November 2023)

The Judge erred in determining the reasonableness of the exclusion clause on a summary basis, failed to consider key factors such as the tripartite contractual structure and insurance positions, and wrongly assumed equal bargaining strength regarding standard terms. The issue of reasonableness is fact-sensitive and should proceed to trial.

Citation
[2023] EWCA Civ 1297
Parties
Appellant/claimant: Last Bus Limited (Trading as Dublin Coach); Respondent/first Defendant: DawsonGroup Bus and Coach Limited (formerly Dawson Rentals Bus and Coach Limited); Second Defendant: Evobus (UK) Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2023
Procedural Posture
Appeal / Appeal From Summary Judgment in High Court
Outcome
Appeal allowed
Legal Topics
Exclusion Clauses, Unfair Contract Terms, Hire Purchase Agreements, Reasonableness Test, Summary Judgment
Contract Law Commercial Law Exclusion Clauses Unfair Contract Terms Hire Purchase Agreements Reasonableness Test Summary Judgment

Case Brief

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Parties

Last Bus Limited (Trading as Dublin Coach)

Appellant/claimant

DawsonGroup Bus and Coach Limited (formerly Dawson Rentals Bus and Coach Limited)

Respondent/first Defendant

Evobus (UK) Limited

Second Defendant

Procedural Posture

Appeal / Appeal From Summary Judgment in High Court

Legal Issues

  1. 1 Whether the exclusion clause in Dawson's standard terms satisfies the requirement of reasonableness under UCTA and the Supply of Goods (Implied Terms) Act 1973
  2. 2 Whether summary judgment was appropriate for determining the reasonableness of the exclusion clause

Ratio Decidendi

The Judge erred in determining the reasonableness of the exclusion clause on a summary basis, failed to consider key factors such as the tripartite contractual structure and insurance positions, and wrongly assumed equal bargaining strength regarding standard terms. The issue of reasonableness is fact-sensitive and should proceed to trial.

Court Disposition

Appeal allowed

Orders

  • Summary judgment set aside
  • Matter to proceed to trial for determination of reasonableness of exclusion clause