Tawil v Harrods Ltd [2001] EWCA Civ 1695 (2 November 2001)

Tawil v Harrods Ltd [2001] EWCA Civ 1695 (2 November 2001)

It was unsatisfactory to split the issues; the construction of the licence agreement was not so clear as to justify summary judgment; the defences of rectification and estoppel were arguable and should proceed to trial; the declaration as to construction should be removed.

Citation
[2001] EWCA Civ 1695
Parties
Claimant/respondent: Jack David Tawil; Defendant/appellant: Harrods Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2001
Procedural Posture
Civil Appeal / Interlocutory Appeal From Summary Judgment Decision
Outcome
Appeal allowed
Legal Topics
Interpretation of Contracts, Summary Judgment, Rectification, Estoppel
Contract Law Civil Procedure Interpretation of Contracts Summary Judgment Rectification Estoppel

Case Brief

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Parties

Jack David Tawil

Claimant/respondent

Harrods Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Appeal From Summary Judgment Decision

Legal Issues

  1. 1 Whether the construction of the licence agreement was suitable for summary judgment
  2. 2 Whether defences of rectification and estoppel were arguable and should go to trial

Ratio Decidendi

It was unsatisfactory to split the issues; the construction of the licence agreement was not so clear as to justify summary judgment; the defences of rectification and estoppel were arguable and should proceed to trial; the declaration as to construction should be removed.

Court Disposition

Appeal allowed

Orders

  • Declaration as to construction removed
  • Defendant's costs to be paid by the Claimant