Rohlig (UK) Ltd v Rock Unique Ltd [2011] EWCA Civ 18 (20 January 2011)

Rohlig (UK) Ltd v Rock Unique Ltd [2011] EWCA Civ 18 (20 January 2011)

Clauses 21(A) and 27(B) of the BIFA standard terms were incorporated into the contract, were reasonable under the Unfair Contract Terms Act 1977, and precluded Rock Unique Ltd from setting off or counterclaiming for sums outside the specified time limits. The judge was entitled to grant summary judgment for the undisputed sum and require payment into court for the balance.

Citation
[2011] EWCA Civ 18
Parties
Claimant/respondent: Röhlig (UK) Ltd; Defendant/appellant: Rock Unique Ltd
Jurisdiction
England and Wales
Judgment Date
20 January 2011
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the London Mercantile Court
Outcome
Appeal dismissed
Legal Topics
Set Off Clauses, Time Bar Clauses, Unfair Contract Terms Act 1977, Standard Terms in Commercial Contracts, Reasonableness of Exclusion Clauses
Contract Law Commercial Law Set Off Clauses Time Bar Clauses Unfair Contract Terms Act 1977 Standard Terms in Commercial Contracts Reasonableness of Exclusion Clauses

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Parties

Röhlig (UK) Ltd

Claimant/respondent

Rock Unique Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the London Mercantile Court

Legal Issues

  1. 1 Whether clauses 21(A) and 27(B) of the BIFA standard terms were incorporated and enforceable
  2. 2 Whether those clauses satisfied the requirement of reasonableness under the Unfair Contract Terms Act 1977
  3. 3 Whether the set-off and time-bar clauses precluded the defendant's counterclaims and defences

Ratio Decidendi

Clauses 21(A) and 27(B) of the BIFA standard terms were incorporated into the contract, were reasonable under the Unfair Contract Terms Act 1977, and precluded Rock Unique Ltd from setting off or counterclaiming for sums outside the specified time limits. The judge was entitled to grant summary judgment for the undisputed sum and require payment into court for the balance.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for £100,000 to Röhlig (UK) Ltd upheld
  • Rock Unique Ltd to pay £24,617.96 into court as condition to defend balance of claim