Cable and Wireless Plc & Anor v Valentine & Ors [2005] EWHC 409 (Comm) (16 March 2005)

Cable and Wireless Plc & Anor v Valentine & Ors [2005] EWHC 409 (Comm) (16 March 2005)

A binding contract was concluded between the parties, consisting of the letter of agreement, the caveat email, and the telephone conversation of 25 November 2004. The caveat email was accepted as a variation, limiting Willis's liability to a fair share of the losses, to be determined by reference to the parties' respective responsibility. The agreement was sufficiently certain to be enforceable, as the court could determine the fair share if necessary.

Citation
[2005] EWHC 409 (Comm)
Parties
Claimant: Cable and Wireless PLC; Claimant: Pender Insurance Limited; Defendant: Christopher Robin Valentine & Others; Defendant (16th and 17th): Willis UK Limited; Defendant (16th and 17th): Willis Management (Isle of Man) Ltd
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Commercial Court Proceedings for Summary Judgment / Summary Judgment Application
Outcome
Willis's application for summary judgment fails; binding agreement found.
Legal Topics
Formation of Contract, Summary Judgment, Vicarious Liability, Contribution and Apportionment of Liability, Certainty in Contract, Good Faith Negotiations
Contract Law Commercial Law Formation of Contract Summary Judgment Vicarious Liability Contribution and Apportionment of Liability Certainty in Contract Good Faith Negotiations

Case Brief

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Parties

Cable and Wireless PLC

Claimant

Pender Insurance Limited

Claimant

Christopher Robin Valentine & Others

Defendant

Willis UK Limited

Defendant (16th and 17th)

Willis Management (Isle of Man) Ltd

Defendant (16th and 17th)

Procedural Posture

Commercial Court Proceedings for Summary Judgment / Summary Judgment Application

Legal Issues

  1. 1 Whether a binding contract was concluded between the parties via letter, caveat email, and telephone conversation
  2. 2 Whether the agreement was sufficiently certain to be enforceable
  3. 3 Whether Willis accepted legal responsibility for all or a share of the losses

Ratio Decidendi

A binding contract was concluded between the parties, consisting of the letter of agreement, the caveat email, and the telephone conversation of 25 November 2004. The caveat email was accepted as a variation, limiting Willis's liability to a fair share of the losses, to be determined by reference to the parties' respective responsibility. The agreement was sufficiently certain to be enforceable, as the court could determine the fair share if necessary.

Court Disposition

Willis's application for summary judgment fails; binding agreement found.

Orders

  • Declaration to be made that a binding agreement exists on the terms of the letter of agreement, caveat email, and telephone conversation of 25 November 2004.
  • Consequential orders to be determined regarding pleadings and Willis's participation in the action.