Online Catering Ltd v Acton & Anor

Online Catering Ltd v Acton & Anor

The Bills of Sale Acts do not apply to companies; therefore, the contract was not unenforceable for non-registration as a bill of sale. The right to seize vehicles was valid and enforceable under the contract as between the parties. The appeal fails on all grounds.

Parties
Appellant: Online Catering Limited; Respondent: Mr Frank Acton; Respondent: Drakeglen Limited (t/a Metropolitan Fleet Services)
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Bills of Sale, Possessory Lien, Registration of Charges, Company Law
Contract Law Commercial Law Security Interests Bills of Sale Possessory Lien Registration of Charges Company Law

Case Brief

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Parties

Online Catering Limited

Appellant

Mr Frank Acton

Respondent

Drakeglen Limited (t/a Metropolitan Fleet Services)

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether the contract between the parties was a bill of sale under the Bills of Sale Acts and, if so, whether it was unenforceable for non-registration as such
  2. 2 Whether the contractual right to seize vehicles was valid and enforceable against a company
  3. 3 Whether the Recorder erred in rejecting the claimant's evidence of loss and damage

Ratio Decidendi

The Bills of Sale Acts do not apply to companies; therefore, the contract was not unenforceable for non-registration as a bill of sale. The right to seize vehicles was valid and enforceable under the contract as between the parties. The appeal fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal on additional grounds refused
  • Appeal on the ground for which permission was given dismissed