University of Wale v London College of Business Ltd

University of Wale v London College of Business Ltd

There was no error in the judge's finding that sums were due and no clear and unambiguous waiver by the University of its contractual rights; therefore, the grounds of appeal had no real prospect of success.

Parties
Respondent/claimant: University of Wales; Appellant/defendant: London College of Business Ltd
Jurisdiction
England and Wales
Judgment Date
04 February 2016
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Waiver, Termination of Contract, Non Payment of Invoices
Contract Law Waiver Termination of Contract Non Payment of Invoices

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

University of Wales

Respondent/claimant

London College of Business Ltd

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether sums were actually due from the College to the University at the relevant time
  2. 2 Whether the University waived its right to terminate the contract for non-payment of invoices

Ratio Decidendi

There was no error in the judge's finding that sums were due and no clear and unambiguous waiver by the University of its contractual rights; therefore, the grounds of appeal had no real prospect of success.

Court Disposition

application refused

Orders

  • application for permission to appeal dismissed