Leaflet Company Ltd v Secured Orchard Investments Ltd & Anor [2008] EWCA Civ 1295 (07 October 2008)

Leaflet Company Ltd v Secured Orchard Investments Ltd & Anor [2008] EWCA Civ 1295 (07 October 2008)

The exchange of emails on 7 October 2004 constituted a binding agreement by which the parent company (Secured Orchard Investments Ltd) agreed to pay the invoices for services supplied to the subsidiary (Computer Training College Ltd), and the subsequent letter of 12 October 2004 did not discharge or vary this agreement. The County Court judge was correct to find the parent company liable.

Citation
[2008] EWCA Civ 1295
Parties
Respondent/claimant: Leaflet Company Ltd; Appellant/defendant: Secured Orchard Investments Ltd; Appellant/defendant: Computer Training College Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2008
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Formation of Contract, Liability of Parent Company, Interpretation of Commercial Correspondence, Guarantee and Underwriting Arrangements
Contract Law Commercial Law Formation of Contract Liability of Parent Company Interpretation of Commercial Correspondence Guarantee and Underwriting Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Leaflet Company Ltd

Respondent/claimant

Secured Orchard Investments Ltd

Appellant/defendant

Computer Training College Ltd

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the parent company (Secured Orchard Investments Ltd) agreed to be liable for invoices for services supplied to its subsidiary (Computer Training College Ltd)
  2. 2 Whether the exchange of emails constituted a binding contract between the claimant and the parent company
  3. 3 Interpretation of the term 'underwrite' in the context of the parties' correspondence

Ratio Decidendi

The exchange of emails on 7 October 2004 constituted a binding agreement by which the parent company (Secured Orchard Investments Ltd) agreed to pay the invoices for services supplied to the subsidiary (Computer Training College Ltd), and the subsequent letter of 12 October 2004 did not discharge or vary this agreement. The County Court judge was correct to find the parent company liable.

Court Disposition

Appeal dismissed

Orders

  • Application refused