Harrison v Madejski & Anor
Mr Harrison was unjustly enriched by acquiring the registration mark JM2, which was not included in the sale contract; the Bullock order was justified as claims were advanced in the alternative; Coys' recoverable costs should be limited to 75% due to their conduct.
- Parties
- Appellant: Mr Malcolm Harrison; Respondent: Sir John Madejski; Respondent: Coys of Kensington (A Firm)
- Jurisdiction
- England and Wales
- Judgment Date
- 28 March 2014
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Mr Harrison's appeal dismissed; Coys' appeal allowed in part.
- Legal Topics
- Vehicle Registration Marks, Auction Sales, Constructive Trust, Breach of Contract, Negligence, Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Malcolm Harrison
Appellant
Sir John Madejski
Respondent
Coys of Kensington (A Firm)
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether Mr Harrison was unjustly enriched by acquiring the vehicle registration mark JM2
- 2 Whether the Bullock order against Mr Harrison was appropriate
- 3 Whether Coys' recoverable costs should be reduced due to conduct
Ratio Decidendi
Mr Harrison was unjustly enriched by acquiring the registration mark JM2, which was not included in the sale contract; the Bullock order was justified as claims were advanced in the alternative; Coys' recoverable costs should be limited to 75% due to their 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, including proceedings against Coys.
Full Case Text
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