Mayor and Commonalty and Citizens of the City of London v. Reeve and Company Ltd, G Lawrence Wholesale Meat Company Ltd, Citigen (London) Ltd [2000] EWHC Technology 138 (25th February, 2000)

Mayor and Commonalty and Citizens of the City of London v. Reeve and Company Ltd, G Lawrence Wholesale Meat Company Ltd, Citigen (London) Ltd [2000] EWHC Technology 138 (25th February, 2000)

The breach of contract claim against Citigen is barred by the waiver clause as the cause of action arose prior to 20 June 1997; the indemnity claim is not barred as the cause of action had not accrued before that date.

Citation
[2000] EWHC Technology 138
Parties
Claimant: The City (Claimants); Defendant: Reeve (Defendant); Defendant: Lawrence (Defendant); Part20 Defendant: Citigen (Part 20 Defendant)
Jurisdiction
England and Wales
Procedural Posture
Civil / Summary Judgment Application Under Part 24 CPR
Outcome
Application succeeds in part; breach of contract claim dismissed, indemnity claim proceeds.
Legal Topics
Indemnity Clauses, Waiver Clauses, Summary Judgment, Breach of Contract
Contract Law Civil Procedure Indemnity Clauses Waiver Clauses Summary Judgment Breach of Contract

Case Brief

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Parties

The City (Claimants)

Claimant

Reeve (Defendant)

Defendant

Lawrence (Defendant)

Defendant

Citigen (Part 20 Defendant)

Part20 Defendant

Procedural Posture

Civil / Summary Judgment Application Under Part 24 CPR

Legal Issues

  1. 1 Whether the City's Part 20 claim against Citigen is barred by the waiver clause in the settlement agreement
  2. 2 When does a cause of action under an indemnity clause accrue for the purposes of the waiver clause
  3. 3 Whether the breach of contract claim is caught by the waiver clause

Ratio Decidendi

The breach of contract claim against Citigen is barred by the waiver clause as the cause of action arose prior to 20 June 1997; the indemnity claim is not barred as the cause of action had not accrued before that date.

Court Disposition

Application succeeds in part; breach of contract claim dismissed, indemnity claim proceeds.

Orders

  • Breach of contract claim against Citigen dismissed under summary judgment.
  • Indemnity claim under Collateral Agreement 19 not dismissed; may proceed.