Wootton Trucks Ltd & Anor v Man ERF UK Ltd

Wootton Trucks Ltd & Anor v Man ERF UK Ltd

The express provision for termination on notice in the Interim Agreement took effect according to its terms. MAN ERF's notice of termination was effective, and the Interim Agreement ended on 28 February 2006. There was no serious issue to be tried as to whether the agreement remained on foot thereafter, and no basis for interim injunctive relief.

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
Civil Appeal / Appeal From Interim Injunctive Relief Order
Outcome
Appeal allowed
Legal Topics
Termination of Contract, Block Exemption Regulations, Interim Injunctions, Severance of Contract Terms
Contract Law Competition Law European Law Termination of Contract Block Exemption Regulations Interim Injunctions 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

Civil Appeal / Appeal From Interim Injunctive Relief Order

Legal Issues

  1. 1 Whether the Interim Agreement was validly terminated by notice under its terms
  2. 2 Whether the provision for termination on one week's notice conflicted with European competition law
  3. 3 Whether the notice provision should be severed and replaced by a two-year notice period under Article 3.5(b) of the 2002 block exemption

Ratio Decidendi

The express provision for termination on notice in the Interim Agreement took effect according to its terms. MAN ERF's notice of termination was effective, and the Interim Agreement ended on 28 February 2006. There was no serious issue to be tried as to whether the agreement remained on foot thereafter, and no basis for interim injunctive relief.

Court Disposition

Appeal allowed

Orders

  • Interim injunctive relief set aside
  • Application for interim relief refused