Northern Electric Plc v Econofreight Heavy Transport Ltd [2001] EWCA Civ 286 (20 February 2001)

Northern Electric Plc v Econofreight Heavy Transport Ltd [2001] EWCA Civ 286 (20 February 2001)

The judge was entitled to find that clause 14.3 was not fair and reasonable under section 11(1) of the Unfair Contract Terms Act 1977, and there was no error of principle or plainly wrong conclusion justifying appellate intervention.

Citation
[2001] EWCA Civ 286
Parties
Claimant/respondent: Northern Electric PLC; Defendant/applicant: Econofreight Heavy Transport Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Unfair Contract Terms, Reasonableness of Exclusion Clauses, Sub Bailment, Limitation Periods
Contract Law Commercial Law Unfair Contract Terms Reasonableness of Exclusion Clauses Sub Bailment Limitation Periods

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Parties

Northern Electric PLC

Claimant/respondent

Econofreight Heavy Transport Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether clause 14.3 of the defendant's standard conditions of transport is unreasonable and void under the Unfair Contract Terms Act 1977
  2. 2 Whether the judge erred in applying section 11(1) instead of section 11(3) of the Act
  3. 3 Whether the judge's assessment of the reasonableness of clause 14.3 was plainly wrong

Ratio Decidendi

The judge was entitled to find that clause 14.3 was not fair and reasonable under section 11(1) of the Unfair Contract Terms Act 1977, and there was no error of principle or plainly wrong conclusion justifying appellate intervention.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application to adduce further evidence refused