Air Studios (Lyndhurst) Ltd (t/a Air Entertainment Group) v Lombard North Central Plc [2012] EWHC 3162 (QB) (09 November 2012)
A binding contract was objectively concluded by email on 19 August 2011 for the sale of all equipment under the three lease agreements for £100,000 plus VAT, with Air Studios responsible for removal. The contract was not void for uncertainty, and Lombard's subsequent repudiation entitled Air Studios to damages.
- Citation
- [2012] EWHC 3162 (QB)
- Parties
- Claimant: Air Studios (Lyndhurst) Limited T/A Air Entertainment Group; Defendant: Lombard North Central PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 09 November 2012
- Procedural Posture
- Commercial Contract Dispute / High Court Judgment
- Outcome
- Judgment for the claimant
- Legal Topics
- Formation of Contract, Certainty of Terms, Repudiation, Damages Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Air Studios (Lyndhurst) Limited T/A Air Entertainment Group
Claimant
Lombard North Central PLC
Defendant
Procedural Posture
Commercial Contract Dispute / High Court Judgment
Legal Issues
- 1 Whether a binding contract was concluded by email on 19 August 2011
- 2 Whether the contract was void for uncertainty
- 3 Assessment of damages
Ratio Decidendi
A binding contract was objectively concluded by email on 19 August 2011 for the sale of all equipment under the three lease agreements for £100,000 plus VAT, with Air Studios responsible for removal. The contract was not void for uncertainty, and Lombard's subsequent repudiation entitled Air Studios to damages.
Court Disposition
Judgment for the claimant
Orders
- Declaration that a binding contract was concluded on 19 August 2011
- Assessment of damages in favour of Air Studios
Full Case Text
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