Rosengrens Tann Ltd v Ayres (t/a Ace Safe Company) [2001] EWCA Civ 233 (9 February 2001)

Rosengrens Tann Ltd v Ayres (t/a Ace Safe Company) [2001] EWCA Civ 233 (9 February 2001)

Permission to appeal is granted because the recorder's judgment appears to have been based on unpleaded issues and evidence, and there are arguable grounds regarding the application of implied terms and the adequacy of the reasoning.

Citation
[2001] EWCA Civ 233
Parties
Claimant/applicant: Rosengrens Tann Limited; Defendant/respondent: R J Ayres (Trading as Ace Safe Company)
Jurisdiction
England and Wales
Judgment Date
09 February 2001
Procedural Posture
Civil Appeal / Permission to Appeal From County Court Judgment
Outcome
Permission to appeal granted
Legal Topics
Sale of Goods, Implied Terms, Misrepresentation, Pleading and Procedure
Contract Law Commercial Law Sale of Goods Implied Terms Misrepresentation Pleading and Procedure

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Parties

Rosengrens Tann Limited

Claimant/applicant

R J Ayres (Trading as Ace Safe Company)

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the recorder erred in finding breaches of implied terms under sections 13 and 14 of the Sale of Goods Act 1979
  2. 2 Whether the judgment was based on matters not pleaded
  3. 3 Whether the recorder improperly relied on expert evidence

Ratio Decidendi

Permission to appeal is granted because the recorder's judgment appears to have been based on unpleaded issues and evidence, and there are arguable grounds regarding the application of implied terms and the adequacy of the reasoning.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Permission to amend grounds of appeal