Cable and Wireless Plc & Anor v Valentine & Ors

Cable and Wireless Plc & Anor v Valentine & Ors

A binding agreement was concluded between the parties by the exchange of the letter of agreement, the caveat email, and the telephone conversation of 25 November 2004. The caveat email did not prevent the formation of a contract but constituted an agreed variation, limiting Willis's liability to its fair share of the losses. The agreement was sufficiently certain to be enforceable, as the court could determine the fair share if the parties could not agree.

Parties
Claimant: Cable and Wireless PLC; Claimant: Pender Insurance Limited; Defendant: Christopher Robin Valentine & Others; Defendant: Willis UK Limited; Defendant: Willis Management (Isle of Man) Ltd
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Commercial / Summary Judgment Application
Outcome
Willis' application for summary judgment is dismissed; there is a binding agreement between the parties.
Legal Topics
Formation of Contract, Summary Judgment, Vicarious Liability, Fiduciary Duty, Contribution and Apportionment of Liability
Contract Law Commercial Law Formation of Contract Summary Judgment Vicarious Liability Fiduciary Duty Contribution and Apportionment of Liability

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

Willis Management (Isle of Man) Ltd

Defendant

Procedural Posture

Commercial / Summary Judgment Application

Legal Issues

  1. 1 Whether a binding contract was concluded between the parties by exchange of letters and emails on 24-26 November 2004
  2. 2 Whether the caveat email prevented the formation of a binding agreement
  3. 3 Whether the agreement was sufficiently certain to be enforceable

Ratio Decidendi

A binding agreement was concluded between the parties by the exchange of the letter of agreement, the caveat email, and the telephone conversation of 25 November 2004. The caveat email did not prevent the formation of a contract but constituted an agreed variation, limiting Willis's liability to its fair share of the losses. The agreement was sufficiently certain to be enforceable, as the court could determine the fair share if the parties could not agree.

Court Disposition

Willis' application for summary judgment is dismissed; there is a binding agreement between the parties.