Alchemy Metals Ltd v CAV Aerospace Ltd [2008] EWHC 1207 (QB) (01 February 2008)
The payment clause required prices to be fixed to the Metal Bulletin with a premium, not merely used as a guideline. The claimant's failure to pay in accordance with this construction constituted a repudiatory breach, entitling the defendant to treat the contract as terminated.
- Citation
- [2008] EWHC 1207
- Parties
- Claimant: Alchemy Metals Ltd; Defendant: CAV Aerospace Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 01 February 2008
- Procedural Posture
- Commercial Contract Dispute / Judgment After Trial
- Outcome
- Judgment for the defendant; contract lawfully repudiated by the defendant due to claimant's breach.
- Legal Topics
- Contract Interpretation, Repudiation of Contract, Payment Clauses, Construction of Commercial Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Alchemy Metals Ltd
Claimant
CAV Aerospace Ltd
Defendant
Procedural Posture
Commercial Contract Dispute / Judgment After Trial
Legal Issues
- 1 Proper construction of the payment clause in the contract
- 2 Whether the defendant was entitled to repudiate the contract for underpayment
Ratio Decidendi
The payment clause required prices to be fixed to the Metal Bulletin with a premium, not merely used as a guideline. The claimant's failure to pay in accordance with this construction constituted a repudiatory breach, entitling the defendant to treat the contract as terminated.
Court Disposition
Judgment for the defendant; contract lawfully repudiated by the defendant due to claimant's breach.
Orders
- Declaration that the defendant was entitled to repudiate the contract.
- Permission to appeal refused.
Full Case Text
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