FFI-Global SRL v Outeiro Ltd & Anor

FFI-Global SRL v Outeiro Ltd & Anor

There was no credible or arguable evidence of assignment or novation of the original supply agreements to FFI-Global S.r.l., nor any evidence of a 15-year supply contract or a general right to return 20% of stock. The judge was entitled to grant summary judgment and limit the stay to the value of the substantiated counterclaim.

Parties
Claimant/respondent: FFI-Global S.r.l.; Defendant/appellant: Outeiro Limited; Defendant/appellant: Gulia Talipova
Jurisdiction
England and Wales
Judgment Date
26 November 2015
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Stay Order
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Counterclaim, Assignment and Novation, Deceit, Supply Agreements, Damages, Return of Goods
Contract Law Commercial Law Civil Procedure Summary Judgment Counterclaim Assignment and Novation Deceit Supply Agreements +2 more

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Parties

FFI-Global S.r.l.

Claimant/respondent

Outeiro Limited

Defendant/appellant

Gulia Talipova

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Stay Order

Legal Issues

  1. 1 Whether FFI-Global S.r.l. was contractually bound to supply Outeiro Limited for 15 years
  2. 2 Whether Outeiro Limited had a right to return 20% of stock supplied
  3. 3 Whether summary judgment was appropriate given the counterclaim

Ratio Decidendi

There was no credible or arguable evidence of assignment or novation of the original supply agreements to FFI-Global S.r.l., nor any evidence of a 15-year supply contract or a general right to return 20% of stock. The judge was entitled to grant summary judgment and limit the stay to the value of the substantiated counterclaim.

Court Disposition

appeal dismissed

Orders

  • Summary judgment against Outeiro Limited in the sum of £366,999 upheld
  • Stay of enforcement for sums in excess of £300,000 pending trial of counterclaim