FG Wilson (Engineering) Ltd v John Holt & Company (Liverpool) Ltd [2012] EWHC 2477 (Comm) (05 September 2012)

FG Wilson (Engineering) Ltd v John Holt & Company (Liverpool) Ltd [2012] EWHC 2477 (Comm) (05 September 2012)

FG Wilson is entitled to summary judgment for the price of goods supplied, as the claim falls within s.49(1) Sale of Goods Act 1979 because property passed to Holt Liverpool or its sub-buyer. The 'no set-off' clause was incorporated into the contracts and is reasonable under UCTA 1977, precluding Holt Liverpool's set-off/counterclaims. Holt Liverpool's defences and counterclaims do not provide a real prospect of successfully defending the claim. FG Wilson is also entitled to haulage charges and interest as claimed.

Citation
[2012] EWHC 2477 (Comm)
Parties
Claimant/part 20 Defendant: FG Wilson (Engineering) Limited; Defendant/part 20 Claimant: John Holt & Company (Liverpool) Limited
Jurisdiction
England and Wales
Judgment Date
05 September 2012
Procedural Posture
Commercial Claim and Preliminary Issue / Summary Judgment Application and Trial of Preliminary Issue
Outcome
Summary judgment granted for the claimant (FG Wilson) for the principal sum, haulage charges, and interest as claimed.
Legal Topics
Sale of Goods, Set Off Clauses, Unfair Contract Terms Act 1977, Retention of Title, Summary Judgment, Credit Terms
Contract Law Commercial Law Sale of Goods Set Off Clauses Unfair Contract Terms Act 1977 Retention of Title Summary Judgment Credit Terms

Case Brief

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Parties

FG Wilson (Engineering) Limited

Claimant/part 20 Defendant

John Holt & Company (Liverpool) Limited

Defendant/part 20 Claimant

Procedural Posture

Commercial Claim and Preliminary Issue / Summary Judgment Application and Trial of Preliminary Issue

Legal Issues

  1. 1 Whether FG Wilson is entitled to summary judgment for the price of goods supplied
  2. 2 Whether the 'no set-off' clause is incorporated and reasonable under UCTA 1977
  3. 3 Whether Holt Liverpool has an arguable set-off or counterclaim

Ratio Decidendi

FG Wilson is entitled to summary judgment for the price of goods supplied, as the claim falls within s.49(1) Sale of Goods Act 1979 because property passed to Holt Liverpool or its sub-buyer. The 'no set-off' clause was incorporated into the contracts and is reasonable under UCTA 1977, precluding Holt Liverpool's set-off/counterclaims. Holt Liverpool's defences and counterclaims do not provide a real prospect of successfully defending the claim. FG Wilson is also entitled to haulage charges and interest as claimed.

Court Disposition

Summary judgment granted for the claimant (FG Wilson) for the principal sum, haulage charges, and interest as claimed.

Orders

  • Holt Liverpool to pay FG Wilson the principal sum claimed for goods and services supplied.
  • Holt Liverpool to pay haulage charges and contractual interest as claimed.