Benford Ltd. & Anor v Lopecan SL [2004] EWHC 1897 (Comm) (30 July 2004)

Benford Ltd. & Anor v Lopecan SL [2004] EWHC 1897 (Comm) (30 July 2004)

Defendants have a real prospect of defending both delivery up and monetary claims due to a closely connected counterclaim for damages arising from breach of the distribution agreement; the counterclaim should not be stayed pending arbitration as the action encompasses both claim and counterclaim; summary relief is inappropriate.

Citation
[2004] EWHC 1897 (Comm)
Parties
Claimant: Benford Ltd & Anr; Defendant: Lopecan SL
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Commercial Court Application / Interlocutory Judgment
Outcome
Applications for summary relief refused; no stay of counterclaim pending arbitration; no stay of execution granted as not arising.
Legal Topics
Distribution Agreements, Set Off, Arbitration Clauses, Jurisdiction, Retention of Title
Commercial Law Contract Law Arbitration Distribution Agreements Set Off Arbitration Clauses Jurisdiction Retention of Title

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Benford Ltd & Anr

Claimant

Lopecan SL

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether defendants have a real prospect of defending the claim for delivery up of goods
  2. 2 Whether defendants have a real prospect of defending the monetary claim for price of goods
  3. 3 Whether the counterclaim for unliquidated damages should be stayed pending arbitration

Ratio Decidendi

Defendants have a real prospect of defending both delivery up and monetary claims due to a closely connected counterclaim for damages arising from breach of the distribution agreement; the counterclaim should not be stayed pending arbitration as the action encompasses both claim and counterclaim; summary relief is inappropriate.

Court Disposition

Applications for summary relief refused; no stay of counterclaim pending arbitration; no stay of execution granted as not arising.

Orders

  • No summary judgment for delivery up or price of goods.
  • Counterclaim not stayed pending arbitration.