Allscan Services Ltd v Dougland Support Services Ltd [2002] EWCA Civ 1415 (11 September 2002)

Allscan Services Ltd v Dougland Support Services Ltd [2002] EWCA Civ 1415 (11 September 2002)

Permission to appeal granted on the ground that the circuit judge arguably erred in reversing the district judge's factual findings regarding the parties' intention to vary the termination clause; intention must be objectively ascertained.

Citation
[2002] EWCA Civ 1415
Parties
Claimant/respondent: Allscan Services Ltd; Defendant/appellant: Dougland Support Services Ltd
Jurisdiction
England and Wales
Judgment Date
11 September 2002
Procedural Posture
Civil Appeal / Permission to Appeal Granted in Part
Outcome
Permission to appeal granted on ground 1 only; refused on grounds 2 and 3.
Legal Topics
Variation of Contract Terms, Termination Clauses, Notice Requirements
Contract Law Variation of Contract Terms Termination Clauses Notice Requirements

Case Brief

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Parties

Allscan Services Ltd

Claimant/respondent

Dougland Support Services Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Permission to Appeal Granted in Part

Legal Issues

  1. 1 Whether the contract was varied to include a termination date tied to the anniversary date
  2. 2 Whether three months' notice was required or a shorter period agreed orally
  3. 3 Whether the circuit judge erred in reversing the district judge on findings of fact

Ratio Decidendi

Permission to appeal granted on the ground that the circuit judge arguably erred in reversing the district judge's factual findings regarding the parties' intention to vary the termination clause; intention must be objectively ascertained.

Court Disposition

Permission to appeal granted on ground 1 only; refused on grounds 2 and 3.

Orders

  • Matter to be listed before a court of three, one of whom may be a High Court Judge, with a time estimate of half a day.
  • No order for costs.