NCC Skills Ltd v Ascentis

NCC Skills Ltd v Ascentis

The claimant failed to demonstrate that the defendant had no realistic prospect of defending the claim, particularly as to whether the relevant policy documents were incorporated into the contract. The application raised complex issues of law and fact unsuitable for summary judgment.

Parties
Claimant: NCC Skills Ltd; Defendant: Ascentis
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Commercial Contract Dispute / Application for Summary Judgment
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Contractual Interpretation, Incorporation of Policy Documents, Procedural Fairness in Contract Termination
Contract Law Summary Judgment Contractual Interpretation Incorporation of Policy Documents Procedural Fairness in Contract Termination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

NCC Skills Ltd

Claimant

Ascentis

Defendant

Procedural Posture

Commercial Contract Dispute / Application for Summary Judgment

Legal Issues

  1. 1 Whether the Agreement required Ascentis to comply with express and implied procedural safeguards before imposing sanctions
  2. 2 Whether the sanction imposed by Ascentis was void for breach of contractual provisions
  3. 3 Whether certain policy documents were incorporated into the contract

Ratio Decidendi

The claimant failed to demonstrate that the defendant had no realistic prospect of defending the claim, particularly as to whether the relevant policy documents were incorporated into the contract. The application raised complex issues of law and fact unsuitable for summary judgment.

Court Disposition

Application for summary judgment dismissed