P4 Ltd v Unite Integrated Solutions Plc

P4 Ltd v Unite Integrated Solutions Plc

P4's retention of title clause was not incorporated into any contract with Tudor, so P4's claim for conversion based on that clause fails. Even if it had been incorporated, property in the goods passed to Unite under Clause 21.4.5.3 of the Sub-Contract upon payment, including payment under the September Agreement, which covered all materials required for the works, including those for summer letting. P4 is only entitled to damages for conversion in respect of the three Type 830 exit signs, as title in those goods remained with P4 and they were incorporated by Unite without a sale agreement.

Parties
Claimant: P4 Limited; Defendant: Unite Integrated Solutions PLC
Jurisdiction
England and Wales
Judgment Date
27 October 2006
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for conversion dismissed except for three Type 830 exit signs; damages awarded for those signs only.
Legal Topics
Retention of Title, Conversion, Assignment of Rights, Incorporation of Terms, Construction Contracts, Sale of Goods, Amendment of Pleadings
Commercial Law Contract Law Tort Law Retention of Title Conversion Assignment of Rights Incorporation of Terms Construction Contracts +2 more

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Parties

P4 Limited

Claimant

Unite Integrated Solutions PLC

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether P4 contracted with Tudor on terms including a retention of title clause
  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

P4's retention of title clause was not incorporated into any contract with Tudor, so P4's claim for conversion based on that clause fails. Even if it had been incorporated, property in the goods passed to Unite under Clause 21.4.5.3 of the Sub-Contract upon payment, including payment under the September Agreement, which covered all materials required for the works, including those for summer letting. P4 is only entitled to damages for conversion in respect of the three Type 830 exit signs, as title in those goods remained with P4 and they were incorporated by Unite without a sale agreement.

Court Disposition

Claim for conversion dismissed except for three Type 830 exit signs; damages awarded for those signs only.

Orders

  • P4 awarded damages for conversion of three Type 830 exit signs in the sum of £387; all other claims dismissed.