Interservefm Ltd v Omnisure Property Management Ltd

Interservefm Ltd v Omnisure Property Management Ltd

There was no real prospect of success for either the contract or restitution claims because no agreement could be implied from conduct, the accounts evidenced the contrary, and the claimant was not unjustly deprived; the group benefitted as intended.

Parties
Claimant: InterserveFM Limited; Defendant: Omnisure Property Management Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2004
Procedural Posture
Commercial / Summary Judgment and Amendment Application
Outcome
claim dismissed
Legal Topics
Implied Contract, Mistake of Fact, Consortium Tax Relief, Inter Company Debt, Summary Judgment
Contract Law Restitution Company Law Implied Contract Mistake of Fact Consortium Tax Relief Inter Company Debt Summary Judgment

Case Brief

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Parties

InterserveFM Limited

Claimant

Omnisure Property Management Limited

Defendant

Procedural Posture

Commercial / Summary Judgment and Amendment Application

Legal Issues

  1. 1 Whether an agreement to pay the claimant the tax benefit can be implied from conduct
  2. 2 Whether the defendant was unjustly enriched under a mistake of fact
  3. 3 Whether the accounts evidenced a debt due to the claimant

Ratio Decidendi

There was no real prospect of success for either the contract or restitution claims because no agreement could be implied from conduct, the accounts evidenced the contrary, and the claimant was not unjustly deprived; the group benefitted as intended.

Court Disposition

claim dismissed

Orders

  • permission to amend refused
  • summary judgment granted to defendant