Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd

A binding agreement was reached on 2 July 2001 to share professional fees 50/50 up to 16 July 2001; there was consideration for the agreement; LPE had actual authority to bind SSP, or alternatively, SSP ratified the agreement; and the claim lay in debt, not for an account.

Parties
Claimant/respondent: AVIVA LIFE & PENSIONS UK LIMITED (formerly NORWICH UNION LIFE & PENSIONS LIMITED); Defendant/appellant: STRAND STREET PROPERTIES LIMITED
Jurisdiction
England and Wales
Judgment Date
29 April 2010
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Formation of Contract, Consideration, Actual Authority, Ratification, Debt Vs Account, Limitation of Actions
Contract Law Agency Law Formation of Contract Consideration Actual Authority Ratification Debt Vs Account Limitation of Actions

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Parties

AVIVA LIFE & PENSIONS UK LIMITED (formerly NORWICH UNION LIFE & PENSIONS LIMITED)

Claimant/respondent

STRAND STREET PROPERTIES LIMITED

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether a binding agreement was reached between the parties on 2 July 2001 to share professional fees 50/50 up to 16 July 2001
  2. 2 Whether there was consideration for the agreement
  3. 3 Whether LPE had actual or ostensible authority to bind SSP, or whether SSP ratified the agreement

Ratio Decidendi

A binding agreement was reached on 2 July 2001 to share professional fees 50/50 up to 16 July 2001; there was consideration for the agreement; LPE had actual authority to bind SSP, or alternatively, SSP ratified the agreement; and the claim lay in debt, not for an account.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.