Advanced Multi-Technology for Medical Industry & Anor v Uniserve Ltd [2022] EWHC 264 (Ch) (10 February 2022)

Advanced Multi-Technology for Medical Industry & Anor v Uniserve Ltd [2022] EWHC 264 (Ch) (10 February 2022)

There are real prospects of success for Uniserve on the issues of whether the Supply Contract was validly varied and whether breaches were affirmed or waived; these issues require trial. However, the assignment of the UK004 Debt to Caramel was effective as notification requirements under clause 23.2.3 did not require compliance with clause 22.1.

Citation
[2022] EWHC 264 (Ch)
Parties
Claimant: Advanced Multi-Technology for Medical Industry; Claimant: Caramel Sales Limited; Claimant: David Popeck; Defendant: Uniserve Limited
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Commercial Contract Dispute (summary Judgment Application) / High Court (chancery Division) Summary Judgment Application
Outcome
Summary judgment refused for Hitex; summary judgment granted for Caramel for the UK004 Debt.
Legal Topics
Summary Judgment, Contract Variation, Assignment of Debt, Repudiatory Breach, Affirmation and Waiver, Agency, Interpretation of Contract Terms
Contract Law Commercial Law Summary Judgment Contract Variation Assignment of Debt Repudiatory Breach Affirmation and Waiver Agency +1 more

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Parties

Advanced Multi-Technology for Medical Industry

Claimant

Caramel Sales Limited

Claimant

David Popeck

Claimant

Uniserve Limited

Defendant

Procedural Posture

Commercial Contract Dispute (summary Judgment Application) / High Court (chancery Division) Summary Judgment Application

Legal Issues

  1. 1 Whether the Supply Contract was validly varied by email exchange in May 2020
  2. 2 Whether Uniserve affirmed or waived breaches by accepting late delivery
  3. 3 Whether the assignment of the UK004 Debt to Caramel was effective under the contract

Ratio Decidendi

There are real prospects of success for Uniserve on the issues of whether the Supply Contract was validly varied and whether breaches were affirmed or waived; these issues require trial. However, the assignment of the UK004 Debt to Caramel was effective as notification requirements under clause 23.2.3 did not require compliance with clause 22.1.

Court Disposition

Summary judgment refused for Hitex; summary judgment granted for Caramel for the UK004 Debt.

Orders

  • Hitex's application for summary judgment dismissed.
  • Caramel's application for summary judgment for US$300,000 (UK004 Debt) granted.