PM Law Ltd v Motorplus Ltd

PM Law Ltd v Motorplus Ltd

Clause 1 of the 2007 Agreement did not impose any obligation on Motorplus to refer a quantity of claims to PML; it merely expressed an intention. The absence of a specified or minimum quantity, and the structure of the agreement, indicated no binding obligation to make referrals.

Parties
Appellant: PM Law Limited; Respondent: Motorplus Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Contract Construction, Referral Agreements, Obligations Under Contract, Damages for Breach of Contract
Contract Law Commercial Law Contract Construction Referral Agreements Obligations Under Contract Damages for Breach of Contract

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Parties

PM Law Limited

Appellant

Motorplus Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether clause 1 of the 2007 Agreement imposed an obligation on Motorplus to refer any claims to PML
  2. 2 Whether the contract was synallagmatic or unilateral in nature
  3. 3 Whether business common sense or factual matrix required an obligation to refer claims

Ratio Decidendi

Clause 1 of the 2007 Agreement did not impose any obligation on Motorplus to refer a quantity of claims to PML; it merely expressed an intention. The absence of a specified or minimum quantity, and the structure of the agreement, indicated no binding obligation to make referrals.

Court Disposition

Appeal dismissed