Harrison v Madejski & Anor

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

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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

  1. 1 Whether Mr Harrison was unjustly enriched by acquiring the vehicle registration mark JM2
  2. 2 Whether the Bullock order against Mr Harrison was appropriate
  3. 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.