The Manchester Ship Canal Company Ltd v The Environment Agency [2017] EWHC 1340 (QB) (07 June 2017)

The Manchester Ship Canal Company Ltd v The Environment Agency [2017] EWHC 1340 (QB) (07 June 2017)

The absence of agreement or arbitration as to the measurement site under clause 4 of the 1963 Agreement is fatal to the claimant's claim for compensation. The machinery for determining the site is an essential term, not subsidiary, and cannot be substituted by the court or determined retrospectively. The claimant...

Source-derived case information.

Citation
[2017] EWHC 1340 (QB)
Parties
Claimant: The Manchester Ship Canal Company Limited; Defendant: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
07 June 2017
Procedural Posture
Civil (contractual Dispute) / Application for Strike Out And/or Summary Judgment
Outcome
Claim dismissed by summary judgment in favour of the defendant.
Legal Topics
Interpretation of Contracts, Summary Judgment, Strike Out Applications, Arbitration Clauses
Contract Law Civil Procedure Interpretation of Contracts Summary Judgment Strike Out Applications Arbitration Clauses

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Summary, issues, holding and outcome

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Parties

The Manchester Ship Canal Company Limited

Claimant

The Environment Agency

Defendant

Procedural Posture

Civil (contractual Dispute) / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the absence of agreement or arbitration as to the measurement site under clause 4 of the 1963 Agreement precludes the claimant from claiming compensation
  2. 2 Whether the court can retrospectively determine or substitute the measurement site or refer the matter to arbitration
  3. 3 Whether the machinery for determining the measurement site is an essential term or subsidiary to the contract

Ratio Decidendi

The absence of agreement or arbitration as to the measurement site under clause 4 of the 1963 Agreement is fatal to the claimant's claim for compensation. The machinery for determining the site is an essential term, not subsidiary, and cannot be substituted by the court or determined retrospectively. The claimant has no real prospect of success and the defendant is entitled to summary judgment.

Court Disposition

Claim dismissed by summary judgment in favour of the defendant.

Orders

  • Claim struck out and/or summary judgment granted to the defendant.