Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus And Coach Ltd & Anor [2022] EWHC 2971 (Comm) (28 November 2022)

Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus And Coach Ltd & Anor [2022] EWHC 2971 (Comm) (28 November 2022)

Clause 5(b) validly excludes the statutory implied term of satisfactory quality and satisfies the requirement of reasonableness under UCTA, given the parties' equal bargaining power, prior course of dealing, and Last Bus's ability to contract elsewhere or obtain warranties from EvoBus.

Citation
[2022] EWHC 2971 (Comm)
Parties
Claimant: Last Bus Limited (trading as Dublin Coach); 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
28 November 2022
Procedural Posture
Commercial Court Claim / Summary Judgment Application
Outcome
Summary judgment granted for Dawson; claim against Dawson dismissed.
Legal Topics
Exclusion Clauses, Statutory Implied Terms, Reasonableness Under UCTA, Hire Purchase Agreements
Contract Law Commercial Law Exclusion Clauses Statutory Implied Terms Reasonableness Under UCTA Hire Purchase Agreements

Case Brief

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Parties

Last Bus Limited (trading as Dublin Coach)

Claimant

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

First Defendant

Evobus (UK) Limited

Second Defendant

Procedural Posture

Commercial Court Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether Clause 5(b) of Dawson's terms validly excludes the statutory implied term of satisfactory quality under the Supply of Goods (Implied Terms) Act 1973
  2. 2 Whether Clause 5(b) satisfies the requirement of reasonableness under section 11 of the Unfair Contract Terms Act 1977

Ratio Decidendi

Clause 5(b) validly excludes the statutory implied term of satisfactory quality and satisfies the requirement of reasonableness under UCTA, given the parties' equal bargaining power, prior course of dealing, and Last Bus's ability to contract elsewhere or obtain warranties from EvoBus.

Court Disposition

Summary judgment granted for Dawson; claim against Dawson dismissed.

Orders

  • Claim against Dawsongroup Bus and Coach Limited dismissed.