Wootton Trucks Ltd & Anor v Man ERF UK Ltd [2006] EWCA Civ 1042 (19 July 2006)

Wootton Trucks Ltd & Anor v Man ERF UK Ltd [2006] EWCA Civ 1042 (19 July 2006)

The express provision for termination on notice in the Interim Agreement took effect according to its terms; MAN ERF's notice was valid and effective to terminate the agreement. There was no legal basis for implying or substituting a two-year notice period, nor for granting interim relief.

Citation
[2006] EWCA Civ 1042
Parties
Claimant/respondent: Wootton Trucks Ltd; Claimant/respondent: Wootton Trucks (Reading) Ltd; Defendant/appellant: MAN ERF UK Ltd
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Appeal From High Court Chancery Division / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Termination of Contract, Block Exemption Regulations, Notice Period, Severance of Contract Terms
Contract Law Competition Law European Law Termination of Contract Block Exemption Regulations Notice Period Severance of Contract Terms

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Parties

Wootton Trucks Ltd

Claimant/respondent

Wootton Trucks (Reading) Ltd

Claimant/respondent

MAN ERF UK Ltd

Defendant/appellant

Procedural Posture

Appeal From High Court Chancery Division / Appeal Judgment

Legal Issues

  1. 1 Whether the Interim Agreement was validly terminated by notice
  2. 2 Whether the notice provision conflicted with European competition law
  3. 3 Whether a two-year notice period should be implied or substituted

Ratio Decidendi

The express provision for termination on notice in the Interim Agreement took effect according to its terms; MAN ERF's notice was valid and effective to terminate the agreement. There was no legal basis for implying or substituting a two-year notice period, nor for granting interim relief.

Court Disposition

Appeal allowed

Orders

  • Application for interim relief refused
  • Permission granted for late service of Respondent's Notice