Harrison v Madejski & Anor [2014] EWCA Civ 361 (28 March 2014)

Harrison v Madejski & Anor [2014] EWCA Civ 361 (28 March 2014)

The car was sold without the registration mark; Mr Harrison was unjustly enriched by registering the mark in his name, and must make restitution of its market value less costs to obtain an MoT certificate. The Bullock order was justified as claims were properly advanced in the alternative. The reduction of Coys' recoverable costs to 50% was an error; 75% is appropriate due to certain aspects of Coys' conduct.

Citation
[2014] EWCA Civ 361
Parties
Appellant: Mr Malcolm Harrison; Respondent (claimant): Sir John Madejski; Respondent (second Defendant): Coys of Kensington (A Firm)
Jurisdiction
England and Wales
Judgment Date
28 March 2014
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Mr Harrison's appeal dismissed; Coys' appeal allowed in part.
Legal Topics
Unjust Enrichment, Breach of Contract, Negligence, Costs Orders, Vehicle Registration Marks, Constructive Trusts
Contract Law Restitution Civil Procedure Unjust Enrichment Breach of Contract Negligence Costs Orders Vehicle Registration Marks +1 more

Case Brief

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Parties

Mr Malcolm Harrison

Appellant

Sir John Madejski

Respondent (claimant)

Coys of Kensington (A Firm)

Respondent (second Defendant)

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellant was unjustly enriched by acquiring the vehicle registration mark
  2. 2 Whether the sale contract included or excluded the registration mark
  3. 3 Appropriate measure of enrichment and damages

Ratio Decidendi

The car was sold without the registration mark; Mr Harrison was unjustly enriched by registering the mark in his name, and must make restitution of its market value less costs to obtain an MoT certificate. The Bullock order was justified as claims were properly advanced in the alternative. The reduction of Coys' recoverable costs to 50% was an error; 75% is appropriate due to certain aspects of Coys' conduct.

Court Disposition

Mr Harrison's appeal dismissed; Coys' appeal allowed in part.

Orders

  • Mr Harrison to pay £31,585 plus interest to Sir John Madejski.
  • Mr Harrison to pay 80% of claimant's costs, claimant to pay 20% of Mr Harrison's costs.