TG Can Ltd v Crown Packaging UK Plc

TG Can Ltd v Crown Packaging UK Plc

The amendments to the Particulars of Claim are not arguable as the implied terms sought are not necessary for business efficacy, contradict the express terms, and the contract treats TGC and Sandvik as a single supplier. Paragon-type implied terms do not apply as there is no unfettered discretion. The particulars of dishonesty are insufficiently pleaded and relate to motive, which is irrelevant. The contract claim is dismissed.

Parties
Claimant: TG Can Limited; Defendant: Crown Packaging UK PLC
Jurisdiction
England and Wales
Judgment Date
18 May 2007
Procedural Posture
Commercial Contract Dispute / Ruling on Permission to Amend Pleadings, Strike Out, and Summary Judgment
Outcome
Claim dismissed
Legal Topics
Implied Terms, Summary Judgment, Pleading Amendments, Strike Out Applications
Contract Law Implied Terms Summary Judgment Pleading Amendments Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

TG Can Limited

Claimant

Crown Packaging UK PLC

Defendant

Procedural Posture

Commercial Contract Dispute / Ruling on Permission to Amend Pleadings, Strike Out, and Summary Judgment

Legal Issues

  1. 1 Whether permission should be granted to re-amend the Particulars of Claim
  2. 2 Whether certain passages in the Particulars of Claim should be struck out
  3. 3 Whether summary judgment should be entered for the defendant on the principal claim in contract

Ratio Decidendi

The amendments to the Particulars of Claim are not arguable as the implied terms sought are not necessary for business efficacy, contradict the express terms, and the contract treats TGC and Sandvik as a single supplier. Paragon-type implied terms do not apply as there is no unfettered discretion. The particulars of dishonesty are insufficiently pleaded and relate to motive, which is irrelevant. The contract claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Amendments to Particulars of Claim disallowed
  • Paragraph 15 struck out