Spencer v S Franses Ltd [2011] EWHC 1269 (QB) (20 May 2011)

Spencer v S Franses Ltd [2011] EWHC 1269 (QB) (20 May 2011)

There was no binding contract between the parties as to the embroideries' sale or research due to failure to agree on essential terms, particularly duration and termination. The Defendant was entitled to a lien for work done and to payment on a quantum meruit basis for the benefit conferred. The Defendant was not bound by the New York injunction as against the Claimant. Upon payment of the quantum meruit sum, the Defendant must return the embroideries to the Claimant.

Citation
[2011] EWHC 1269 (QB)
Parties
Claimant: Ian W C Spencer; Defendant: S Franses Ltd
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Claim allowed in part; Defendant to return embroideries upon payment by Claimant of quantum meruit sum for work done; no aggravated damages awarded.
Legal Topics
Agency, Lien, Quantum Meruit, Title to Chattels, Damages, Injunctions
Contract Law Property Law Bailment Agency Lien Quantum Meruit Title to Chattels Damages +1 more

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Parties

Ian W C Spencer

Claimant

S Franses Ltd

Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Was there a contract between the Claimant and the Defendant?
  2. 2 Was there an implied term entitling the Defendant to make inquiries into the Claimant's title?
  3. 3 Did the Defendant have a common law right as bailee to make inquiries into title?

Ratio Decidendi

There was no binding contract between the parties as to the embroideries' sale or research due to failure to agree on essential terms, particularly duration and termination. The Defendant was entitled to a lien for work done and to payment on a quantum meruit basis for the benefit conferred. The Defendant was not bound by the New York injunction as against the Claimant. Upon payment of the quantum meruit sum, the Defendant must return the embroideries to the Claimant.

Court Disposition

Claim allowed in part; Defendant to return embroideries upon payment by Claimant of quantum meruit sum for work done; no aggravated damages awarded.

Orders

  • Claimant to pay Defendant £48,500 for work done on a quantum meruit basis.
  • Upon payment, Defendant to return the embroideries to the Claimant.