FFI-Global SRL v Outeiro Ltd & Anor [2015] EWCA Civ 1212 (26 November 2015)

FFI-Global SRL v Outeiro Ltd & Anor [2015] EWCA Civ 1212 (26 November 2015)

There was no credible or arguable evidence of a 15-year supply agreement or novation binding the claimant; the only contractual documents were order confirmations requiring advance payment. The right to return 20% of stock was not properly pleaded or supported by evidence. The judge was entitled to grant summary judgment and limit the stay of enforcement to the value of the only arguable counterclaims.

Citation
[2015] EWCA Civ 1212
Parties
Claimant/respondent: FFI-GLOBAL S.r.l.; Defendant/appellant: Outeiro Limited; Defendant/appellant: Gulia Talipova
Jurisdiction
England and Wales
Judgment Date
26 November 2015
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the High Court, Queen's Bench Division
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Counterclaim, Novation, Deceit, Supply Agreements, Damages, Set Off
Contract Law Commercial Law Civil Procedure Summary Judgment Counterclaim Novation Deceit Supply Agreements +2 more

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Parties

FFI-GLOBAL S.r.l.

Claimant/respondent

Outeiro Limited

Defendant/appellant

Gulia Talipova

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the High Court, Queen's Bench Division

Legal Issues

  1. 1 Whether the defendants had a triable counterclaim based on an alleged 15-year supply agreement with the claimant
  2. 2 Whether the judge erred in granting summary judgment for the price of goods supplied
  3. 3 Whether the right to return 20% of stock supplied was enforceable against the claimant

Ratio Decidendi

There was no credible or arguable evidence of a 15-year supply agreement or novation binding the claimant; the only contractual documents were order confirmations requiring advance payment. The right to return 20% of stock was not properly pleaded or supported by evidence. The judge was entitled to grant summary judgment and limit the stay of enforcement to the value of the only arguable counterclaims.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for £366,999 against Outeiro Limited stands
  • Enforcement of judgment stayed for sums in excess of £300,000 pending trial of limited counterclaim