MACKIE MOTORS (BRECHIN) LTD v RCI FINANCIAL SERVICES LIMITED

MACKIE MOTORS (BRECHIN) LTD v RCI FINANCIAL SERVICES LIMITED

The DAPOC disclosed no cause of action as the facts pleaded were insufficient to support the existence of an implied umbrella contract, implied terms, estoppel, or a different construction of the termination provisions. The express terms allowed RCI to terminate on seven days' notice, and the UCTA argument had already been dismissed. No real prospect of success was shown.

Parties
Claimant: Mackie Motors (Brechin) Ltd; Defendant: RCI Financial Services Limited
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Civil (contract/competition) / Application to Amend Particulars of Claim; Strike Out And/or Summary Judgment
Outcome
Claim struck out; permission to amend refused
Legal Topics
Implied Terms, Relational Contracts, Estoppel, Unfair Contract Terms, Summary Judgment, Strike Out
Contract Law Competition Law Implied Terms Relational Contracts Estoppel Unfair Contract Terms Summary Judgment Strike Out

Case Brief

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Parties

Mackie Motors (Brechin) Ltd

Claimant

RCI Financial Services Limited

Defendant

Procedural Posture

Civil (contract/competition) / Application to Amend Particulars of Claim; Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claimant's draft amended particulars of claim (DAPOC) disclose a real prospect of success
  2. 2 Whether an implied umbrella contract or implied terms restrict RCI's right to terminate
  3. 3 Whether estoppel or construction arguments prevent RCI from terminating on seven days' notice

Ratio Decidendi

The DAPOC disclosed no cause of action as the facts pleaded were insufficient to support the existence of an implied umbrella contract, implied terms, estoppel, or a different construction of the termination provisions. The express terms allowed RCI to terminate on seven days' notice, and the UCTA argument had already been dismissed. No real prospect of success was shown.

Court Disposition

Claim struck out; permission to amend refused

Orders

  • The whole of the draft amended particulars of claim (DAPOC) is struck out as disclosing no cause of action.
  • Joinder and listing issues do not arise.