Scotbeef Limited v D&S Storage Limited (in liquidation)

Scotbeef Limited v D&S Storage Limited (in liquidation)

The FSDF terms and conditions were not incorporated into the contract between the parties because the Defendant failed to provide sufficient notice of the terms, they were not established as standard industry terms, and there was no evidence of specific notice by telephone or otherwise. The mere reference to FSDF terms on invoices was insufficient. Therefore, the Defendant cannot rely on the FSDF terms to time-bar or limit the Claimant’s claim.

Parties
Claimant: Scotbeef Limited; Defendant: D&S Storage Limited (In Liquidation)
Jurisdiction
England and Wales
Judgment Date
14 October 2022
Procedural Posture
Civil (contractual Dispute) / Trial of Preliminary Issues
Outcome
FSDF terms and conditions not incorporated; Claimant’s claim not time-barred or limited by FSDF conditions.
Legal Topics
Incorporation of Terms, Standard Terms and Conditions, Course of Dealing, Unfair Contract Terms Act 1977, Limitation of Liability, Notice Requirements
Contract Law Commercial Law Incorporation of Terms Standard Terms and Conditions Course of Dealing Unfair Contract Terms Act 1977 Limitation of Liability Notice Requirements

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Parties

Scotbeef Limited

Claimant

D&S Storage Limited (In Liquidation)

Defendant

Procedural Posture

Civil (contractual Dispute) / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether FSDF terms and conditions were incorporated into the contract between the parties
  2. 2 Effect of FSDF terms on Defendant’s liability, including time bar and limitation of damages

Ratio Decidendi

The FSDF terms and conditions were not incorporated into the contract between the parties because the Defendant failed to provide sufficient notice of the terms, they were not established as standard industry terms, and there was no evidence of specific notice by telephone or otherwise. The mere reference to FSDF terms on invoices was insufficient. Therefore, the Defendant cannot rely on the FSDF terms to time-bar or limit the Claimant’s claim.

Court Disposition

FSDF terms and conditions not incorporated; Claimant’s claim not time-barred or limited by FSDF conditions.