Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd [2010] EWCA Civ 444 (29 April 2010)

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd [2010] EWCA Civ 444 (29 April 2010)

The Court held that a binding agreement was reached on 2 July 2001 to share professional fees 50/50 up to 16 July 2001; that there was consideration for the agreement; that LPE had actual or implied authority to bind SSP; alternatively, SSP ratified the agreement; and that the claim was properly brought in debt, not for an account.

Citation
[2010] EWCA Civ 444
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 / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Formation of Contract, Consideration, Actual Authority, Ratification, Debt Vs Account Claims
Contract Law Agency Law Formation of Contract Consideration Actual Authority Ratification Debt Vs Account Claims

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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 / Court of Appeal Judgment on Appeal From High Court (chancery Division)

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 implied authority to bind SSP to the agreement

Ratio Decidendi

The Court held that a binding agreement was reached on 2 July 2001 to share professional fees 50/50 up to 16 July 2001; that there was consideration for the agreement; that LPE had actual or implied authority to bind SSP; alternatively, SSP ratified the agreement; and that the claim was properly brought in debt, not for an account.

Court Disposition

Appeal dismissed

Orders

  • The appeal by SSP is dismissed.
  • The order of Morgan J is affirmed.