Jogo Associates Ltd & Ors v Internacionale Retail Ltd [2011] EWCA Civ 384 (07 April 2011)

Jogo Associates Ltd & Ors v Internacionale Retail Ltd [2011] EWCA Civ 384 (07 April 2011)

The Court of Appeal held that the fresh evidence from Mr Bennett, suggesting Ms Deacock admitted the letters were signed in November 2008 rather than June 2008, was relevant and could have a bearing on the outcome, thus should be admitted. This evidence provided Internacionale with a prospect of defending the claim that was more than fanciful. The appeal was allowed, but subject to a condition that Internacionale pay £600,000 into court.

Citation
[2011] EWCA Civ 384
Parties
Claimant/respondent: Jogo Associates Limited; Claimant/respondent: The Pinstripe Clothing Company Limited; Claimant/respondent: The Red Orange Clothing Company Limited; Defendant/appellant: Internacionale Retail Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2011
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment From Chancery Court at Leeds
Outcome
Appeal allowed, summary judgment set aside, conditional on payment into court.
Legal Topics
Retention of Title Clauses, Summary Judgment, Admission of Fresh Evidence, Credibility of Witnesses
Commercial Law Insolvency Law Retention of Title Clauses Summary Judgment Admission of Fresh Evidence Credibility of Witnesses

Case Brief

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Parties

Jogo Associates Limited

Claimant/respondent

The Pinstripe Clothing Company Limited

Claimant/respondent

The Red Orange Clothing Company Limited

Claimant/respondent

Internacionale Retail Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment From Chancery Court at Leeds

Legal Issues

  1. 1 Whether summary judgment was properly granted in favour of Jogo based on retention of title clauses
  2. 2 Whether fresh evidence should be admitted on appeal under Ladd v Marshall principles
  3. 3 Credibility of key witnesses regarding the date and validity of retention of title letters

Ratio Decidendi

The Court of Appeal held that the fresh evidence from Mr Bennett, suggesting Ms Deacock admitted the letters were signed in November 2008 rather than June 2008, was relevant and could have a bearing on the outcome, thus should be admitted. This evidence provided Internacionale with a prospect of defending the claim that was more than fanciful. The appeal was allowed, but subject to a condition that Internacionale pay £600,000 into court.

Court Disposition

Appeal allowed, summary judgment set aside, conditional on payment into court.

Orders

  • Internacionale to pay £600,000 into court as a condition for defending the claim.
  • Directions for timing of payment and further consequential directions to be determined.