Air Studios (Lyndhurst) Ltd (t/a Air Entertainment Group) v Lombard North Central Plc [2012] EWHC 3162 (QB) (09 November 2012)

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

  1. 1 Whether a binding contract was concluded by email on 19 August 2011
  2. 2 Whether the contract was void for uncertainty
  3. 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