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 concluded contract between the parties due to lack of agreement on essential terms. However, the Defendant was entitled to a quantum meruit for work done on the embroideries and had a lien until reasonable charges were paid. 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
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 of quantum meruit sum; damages for wrongful detention not 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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 the Claimant's title?

Ratio Decidendi

There was no concluded contract between the parties due to lack of agreement on essential terms. However, the Defendant was entitled to a quantum meruit for work done on the embroideries and had a lien until reasonable charges were paid. 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 of quantum meruit sum; damages for wrongful detention not awarded.

Orders

  • Claimant to pay Defendant £13,437.50 plus VAT for work done (quantum meruit).
  • Upon payment, Defendant to return embroideries to Claimant.