Heat Trace (UK) Ltd v Heat Trace Ltd [2020] EWHC 1418 (Ch) (11 June 2020)

Heat Trace (UK) Ltd v Heat Trace Ltd [2020] EWHC 1418 (Ch) (11 June 2020)

Claimant has a real prospect of success on claims under the Distribution Agreement post-April 2013 and quantum meruit for Uganda Project; no real prospect of success for claims based on an overarching Introducer Agreement or commercial agency; Network Rail claim is statute-barred as breach occurred at delivery in 2011.

Source-derived case information.

Citation
[2020] EWHC 1418 (Ch)
Parties
Claimant: Heat Trace (UK) Ltd; Defendant: Heat Trace Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Commercial Contract Dispute / Interlocutory Applications: Summary Judgment and Permission to Amend Pleadings
Outcome
Summary judgment granted in part; permission to amend pleadings granted in part; Network Rail claim struck out as statute-barred; claims based on Introducer Agreement and commercial agency struck out; Distribution Agreement and quantum meruit claims to proceed to trial.
Legal Topics
Distribution Agreements, Commission Claims, Commercial Agency, Quantum Meruit, Limitation of Actions, Summary Judgment, Pleading Requirements
Contract Law Commercial Law Agency Law Distribution Agreements Commission Claims Commercial Agency Quantum Meruit Limitation of Actions +2 more

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Summary, issues, holding and outcome

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Parties

Heat Trace (UK) Ltd

Claimant

Heat Trace Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Interlocutory Applications: Summary Judgment and Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the Distribution Agreement was terminated in November 2013 or continued until September 2017
  2. 2 Whether the Defendant breached the Distribution Agreement by direct sales
  3. 3 Whether the Claimant is entitled to commission for introductions under an Introducer Agreement or ad hoc arrangements

Ratio Decidendi

Claimant has a real prospect of success on claims under the Distribution Agreement post-April 2013 and quantum meruit for Uganda Project; no real prospect of success for claims based on an overarching Introducer Agreement or commercial agency; Network Rail claim is statute-barred as breach occurred at delivery in 2011.

Court Disposition

Summary judgment granted in part; permission to amend pleadings granted in part; Network Rail claim struck out as statute-barred; claims based on Introducer Agreement and commercial agency struck out; Distribution Agreement and quantum meruit claims to proceed to trial.

Orders

  • Claim under Distribution Agreement post-April 2013 allowed to proceed
  • Quantum meruit claim for Uganda Project allowed to proceed