Last Bus Limited v Dawsongroup Bus and Coach Limited & Anor.

Last Bus Limited v Dawsongroup Bus and Coach Limited & Anor.

Clause 5(b) of the hire purchase agreements validly excluded the statutory implied term of satisfactory quality, and such exclusion satisfied the requirement of reasonableness under UCTA, given the parties' equal bargaining power, Last Bus's experience, and the consistent prior course of dealing. There was no real prospect of Last Bus resisting Dawson's defence, and summary judgment was appropriate.

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 Claim (breach of Statutory Implied Term in Hire Purchase Agreements) / Summary Judgment Application by First Defendant
Outcome
Summary judgment granted for First Defendant; claim against Dawson dismissed.
Legal Topics
Exclusion Clauses, Statutory Implied Terms, Reasonableness Under Unfair Contract Terms Act 1977, Hire Purchase Agreements
Contract Law Commercial Law Exclusion Clauses Statutory Implied Terms Reasonableness Under Unfair Contract Terms Act 1977 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 Claim (breach of Statutory Implied Term in Hire Purchase Agreements) / Summary Judgment Application by First Defendant

Legal Issues

  1. 1 Whether Clause 5(b) of the hire purchase agreements excluded the statutory implied term of satisfactory quality under the Supply of Goods (Implied Terms) Act 1973
  2. 2 Whether such exclusion satisfied the requirement of reasonableness under the Unfair Contract Terms Act 1977

Ratio Decidendi

Clause 5(b) of the hire purchase agreements validly excluded the statutory implied term of satisfactory quality, and such exclusion satisfied the requirement of reasonableness under UCTA, given the parties' equal bargaining power, Last Bus's experience, and the consistent prior course of dealing. There was no real prospect of Last Bus resisting Dawson's defence, and summary judgment was appropriate.

Court Disposition

Summary judgment granted for First Defendant; claim against Dawson dismissed.

Orders

  • Summary judgment dismissing the claim against Dawsongroup Bus and Coach Limited.