Cotton (t/a Allmat Enterprises) v Rickard Metals Inc [2008] EWHC 824 (QB) (21 April 2008)

Cotton (t/a Allmat Enterprises) v Rickard Metals Inc [2008] EWHC 824 (QB) (21 April 2008)

The evidence of non-compliance was not so clear-cut as to justify summary judgment; the new evidence admitted on appeal gave the defendant a realistic prospect of success, and the issues required resolution at trial rather than on a summary basis.

Citation
[2008] EWHC 824 (QB)
Parties
Appellant/defendant: Daniel Charles Cotton (Trading as Allmat Enterprises); Respondent/claimant: Rickard Metals Inc
Jurisdiction
England and Wales
Judgment Date
21 April 2008
Procedural Posture
Appeal / Appeal Against Summary Judgment Order
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Summary Judgment, Sale of Goods, Contractual Description, Evidence Admissibility
Commercial Law Contract Law Summary Judgment Sale of Goods Contractual Description Evidence Admissibility

Case Brief

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Parties

Daniel Charles Cotton (Trading as Allmat Enterprises)

Appellant/defendant

Rickard Metals Inc

Respondent/claimant

Procedural Posture

Appeal / Appeal Against Summary Judgment Order

Legal Issues

  1. 1 Whether summary judgment was appropriate on the issue of non-compliance with contractual description under s.13 Sale of Goods Act 1979
  2. 2 Whether the evidence established that the titanium supplied did not correspond with contractual specification
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The evidence of non-compliance was not so clear-cut as to justify summary judgment; the new evidence admitted on appeal gave the defendant a realistic prospect of success, and the issues required resolution at trial rather than on a summary basis.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • Order for summary judgment against Mr Cotton set aside
  • Matter to proceed to trial on the issue of compliance with contractual description