Edge Tools & Equipment Ltd v Greatstar Europe Ltd [2018] EWHC 170 (QB) (02 February 2018)

Edge Tools & Equipment Ltd v Greatstar Europe Ltd [2018] EWHC 170 (QB) (02 February 2018)

The Agreement, including the Heads of Terms, was a binding contract for five years; express terms precluded implied termination on reasonable notice. Edge did not commit repudiatory breach regarding Screwfix commission, as Greatstar/G2 accepted £3,000 in full settlement and affirmed the contract. No implied term prevented Edge from promoting its own products. Greatstar/G2's counterclaim for misrepresentation failed as the representations were not proven false or relied upon. Damages and commission are to be assessed per the contract terms.

Citation
[2018] EWHC 170
Parties
Claimant: Edge Tools & Equipment Limited; 1st Defendant: Greatstar Europe Limited; 2nd Defendant: G2 Products Limited
Jurisdiction
England and Wales
Judgment Date
02 February 2018
Procedural Posture
Commercial Contract Dispute / High Court Judgment
Outcome
Claim succeeded in part; contract found binding for five years; counterclaim dismissed.
Legal Topics
Formation of Contract, Repudiatory Breach, Implied Terms, Misrepresentation, Damages, Exclusive Supply Agreements
Contract Law Commercial Law Formation of Contract Repudiatory Breach Implied Terms Misrepresentation Damages Exclusive Supply Agreements

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 5 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edge Tools & Equipment Limited

Claimant

Greatstar Europe Limited

1st Defendant

G2 Products Limited

2nd Defendant

Procedural Posture

Commercial Contract Dispute / High Court Judgment

Legal Issues

  1. 1 Was there a binding contract between the parties on the terms set out in the Heads of Terms, including clause 1 as to duration?
  2. 2 Was there an implied term that the contract could be terminated on reasonable notice?
  3. 3 Did Edge commit repudiatory breaches entitling Greatstar/G2 to terminate?

Ratio Decidendi

The Agreement, including the Heads of Terms, was a binding contract for five years; express terms precluded implied termination on reasonable notice. Edge did not commit repudiatory breach regarding Screwfix commission, as Greatstar/G2 accepted £3,000 in full settlement and affirmed the contract. No implied term prevented Edge from promoting its own products. Greatstar/G2's counterclaim for misrepresentation failed as the representations were not proven false or relied upon. Damages and commission are to be assessed per the contract terms.

Court Disposition

Claim succeeded in part; contract found binding for five years; counterclaim dismissed.

Orders

  • Inquiry into damages and/or taking of account to assess sums due under the Agreement.
  • Edge entitled to commission and damages as per contract terms.