Shico (UK) Ltd v Co-Operative Wholesale Society Ltd & Anor [2001] EWCA Civ 333 (7 March 2001)

Shico (UK) Ltd v Co-Operative Wholesale Society Ltd & Anor [2001] EWCA Civ 333 (7 March 2001)

No exclusive purchasing agreement existed; the evidence did not support a binding contractual obligation for the defendants to purchase exclusively from the claimant, and the judge's findings on fact were unappealable.

Citation
[2001] EWCA Civ 333
Parties
Claimant/applicant: Shico (UK) Limited; Defendant/respondent: Co-operative Wholesale Society Limited; Defendant/respondent: Goliath Footwear Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2001
Procedural Posture
Contractual Dispute / Renewed Application for Permission to Appeal From High Court Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Exclusive Purchasing Agreements, Contractual Construction, Formation of Contract
Contract Law Exclusive Purchasing Agreements Contractual Construction Formation of Contract

Case Brief

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Parties

Shico (UK) Limited

Claimant/applicant

Co-operative Wholesale Society Limited

Defendant/respondent

Goliath Footwear Limited

Defendant/respondent

Procedural Posture

Contractual Dispute / Renewed Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether an exclusive purchasing agreement existed between Shico (UK) Limited and Co-operative Wholesale Society Limited
  2. 2 Whether objective evidence supported the existence of such an agreement

Ratio Decidendi

No exclusive purchasing agreement existed; the evidence did not support a binding contractual obligation for the defendants to purchase exclusively from the claimant, and the judge's findings on fact were unappealable.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Costs of and incidental to the application to be paid by the applicant claimant, subject to detailed assessment if not agreed