Erith Holdings Ltd & Ors v Murphy [2017] EWHC 1364 (TCC) (08 June 2017)
The Works Agreement was made between Erith Holdings and MWL, not Mr Murphy personally. No enforceable indemnity or guarantee was provided by Mr Murphy, and the loan was made to MWL. All claims against Mr Murphy personally fail as he was not party to the contract nor liable under guarantee or unjust enrichment.
- Citation
- [2017] EWHC 1364 (TCC)
- Parties
- Claimant: Erith Holdings Limited; Claimant: Erith Haulage Company Limited; Claimant: Erith Plant Services Limited; Defendant: Ronald William Murphy
- Jurisdiction
- England and Wales
- Judgment Date
- 08 June 2017
- Procedural Posture
- Commercial Contract Dispute / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Personal Guarantee, Indemnity, Restitution, Unjust Enrichment
Case Brief
Summary, issues, holding and outcome
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Parties
Erith Holdings Limited
Claimant
Erith Haulage Company Limited
Claimant
Erith Plant Services Limited
Claimant
Ronald William Murphy
Defendant
Procedural Posture
Commercial Contract Dispute / Final Judgment
Legal Issues
- 1 Was the Works Agreement made with MWL or Mr Murphy personally?
- 2 Did the parties enter into a Revised Works Agreement with personal liability for Mr Murphy?
- 3 Did Mr Murphy provide an enforceable indemnity or guarantee?
Ratio Decidendi
The Works Agreement was made between Erith Holdings and MWL, not Mr Murphy personally. No enforceable indemnity or guarantee was provided by Mr Murphy, and the loan was made to MWL. All claims against Mr Murphy personally fail as he was not party to the contract nor liable under guarantee or unjust enrichment.
Court Disposition
Claim dismissed
Full Case Text
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