Athena Brands Ltd v Superdrug Stores Plc [2019] EWHC 3503 (Comm) (18 December 2019)

Athena Brands Ltd v Superdrug Stores Plc [2019] EWHC 3503 (Comm) (18 December 2019)

The court held that the email exchange objectively evidenced a binding agreement committing Superdrug to purchase minimum quantities, that the buyer had ostensible authority to agree such terms, and that none of Superdrug's defences had a real prospect of success. Summary judgment was granted for Athena Brands Ltd.

Source-derived case information.

Citation
[2019] EWHC 3503 (Comm)
Parties
Claimant: Athena Brands Ltd; Defendant: Superdrug Stores Plc
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Commercial Summary Judgment Application / Summary Judgment
Outcome
Summary judgment for claimant
Legal Topics
Formation of Contract, Authority of Agents, Intention to Create Legal Relations, Summary Judgment Procedure
Contract Law Commercial Law Formation of Contract Authority of Agents Intention to Create Legal Relations Summary Judgment Procedure

Source-derived case record

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Parties

Athena Brands Ltd

Claimant

Superdrug Stores Plc

Defendant

Procedural Posture

Commercial Summary Judgment Application / Summary Judgment

Legal Issues

  1. 1 Whether a binding contract was formed by email exchange committing Superdrug to purchase minimum quantities
  2. 2 Whether Superdrug's employee had authority to bind Superdrug
  3. 3 Whether there was intention to create legal relations

Ratio Decidendi

The court held that the email exchange objectively evidenced a binding agreement committing Superdrug to purchase minimum quantities, that the buyer had ostensible authority to agree such terms, and that none of Superdrug's defences had a real prospect of success. Summary judgment was granted for Athena Brands Ltd.

Court Disposition

Summary judgment for claimant

Orders

  • Summary judgment granted for Athena Brands Ltd against Superdrug Stores Plc
  • Hearing to be listed for handing down judgment and agreeing consequential orders