MWB Business Exchange Centres Ltd v Rock Advertising Ltd (Rev 1) [2016] EWCA Civ 553 (21 June 2016)

MWB Business Exchange Centres Ltd v Rock Advertising Ltd (Rev 1) [2016] EWCA Civ 553 (21 June 2016)

Clause 7.6 did not preclude oral variation; the oral agreement was supported by sufficient consideration due to MWB's practical benefit from retaining Rock as a licensee and avoiding a void, making the variation binding and enforceable.

Citation
[2016] EWCA Civ 553
Parties
Claimant/respondent: MWB Business Exchange Centres Ltd; Defendant/appellant: Rock Advertising Ltd
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Variation of Contract, Consideration, Promissory Estoppel, Anti Oral Variation Clauses
Contract Law Variation of Contract Consideration Promissory Estoppel Anti Oral Variation Clauses

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Parties

MWB Business Exchange Centres Ltd

Claimant/respondent

Rock Advertising Ltd

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether clause 7.6 precluded any variation of the agreement other than one in writing
  2. 2 Whether Rock provided good consideration for the oral variation
  3. 3 Whether MWB was estopped from enforcing its rights under the original agreement

Ratio Decidendi

Clause 7.6 did not preclude oral variation; the oral agreement was supported by sufficient consideration due to MWB's practical benefit from retaining Rock as a licensee and avoiding a void, making the variation binding and enforceable.

Court Disposition

Appeal allowed

Orders

  • Judgment for MWB set aside
  • Oral variation agreement held enforceable