P4 Ltd v Unite Integrated Solutions Plc [2006] EWHC 2640 (TCC) (27 October 2006)

P4 Ltd v Unite Integrated Solutions Plc [2006] EWHC 2640 (TCC) (27 October 2006)

None of the contracts between P4 and Tudor incorporated either party's conditions, so P4's retention of title clause was not part of the agreements. Consequently, P4's claim based on retention of title fails. Even if the clause had been incorporated, any rights under it were assigned to Abbey National under the factoring agreement, but P4 reacquired the right to sue after Abbey National's rights ended. Unite's payments under the subcontract and September Agreement vested property in Unite under Clause 21.4.5. Unite is protected by s.25(1) Sale of Goods Act 1979 as a disposition occurred, but property only passed upon payment. No conversion claim succeeds for the goods, including the 830...

Citation
[2006] EWHC 2640 (TCC)
Parties
Claimant: P4 Limited; Defendant: Unite Integrated Solutions PLC
Jurisdiction
England and Wales
Judgment Date
27 October 2006
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Retention of Title, Conversion, Assignment of Rights, Incorporation of Terms, Disposition Under Sale of Goods Act, Passing of Property, Subcontractor Payment, Factoring Agreements
Commercial Law Contract Law Sale of Goods Construction Law Retention of Title Conversion Assignment of Rights Incorporation of Terms +4 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P4 Limited

Claimant

Unite Integrated Solutions PLC

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether P4's retention of title clause was incorporated into contracts with Tudor
  2. 2 Whether P4 assigned its right to immediate possession to Abbey National
  3. 3 Whether Unite is protected by s.25(1) of the Sale of Goods Act 1979

Ratio Decidendi

None of the contracts between P4 and Tudor incorporated either party's conditions, so P4's retention of title clause was not part of the agreements. Consequently, P4's claim based on retention of title fails. Even if the clause had been incorporated, any rights under it were assigned to Abbey National under the factoring agreement, but P4 reacquired the right to sue after Abbey National's rights ended. Unite's payments under the subcontract and September Agreement vested property in Unite under Clause 21.4.5. Unite is protected by s.25(1) Sale of Goods Act 1979 as a disposition occurred, but property only passed upon payment. No conversion claim succeeds for the goods, including the 830...

Court Disposition

Claim dismissed

Orders

  • Claim for damages for conversion dismissed
  • Permission to amend pleadings refused