Whittle Movers Ltd v Hollywood Express Ltd [2009] EWCA Civ 1189 (11 November 2009)

Whittle Movers Ltd v Hollywood Express Ltd [2009] EWCA Civ 1189 (11 November 2009)

No binding long-term or interim contract was concluded between the parties as negotiations were expressly subject to contract and essential terms remained under negotiation; therefore, Whittle is entitled to pursue a restitutionary remedy for unjust enrichment, subject to inquiry as to whether Hollywood was unjustly enriched by paying less than a reasonable price for the services received.

Citation
[2009] EWCA Civ 1189
Parties
Appellant: Whittle Movers Ltd; Respondent: Hollywood Express Ltd
Jurisdiction
England and Wales
Judgment Date
11 November 2009
Procedural Posture
Civil Appeal / Appeal From High Court (mercantile Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Formation of Contract, Subject to Contract, Restitutionary Remedies, Unjust Enrichment, Quantum Meruit
Contract Law Restitution Formation of Contract Subject to Contract Restitutionary Remedies Unjust Enrichment Quantum Meruit

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Parties

Whittle Movers Ltd

Appellant

Hollywood Express Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (mercantile Court) to Court of Appeal

Legal Issues

  1. 1 Whether a binding long-term contract was concluded between the parties
  2. 2 Whether an interim contract existed and its terms
  3. 3 Whether there was no contract and a restitutionary remedy was available for unjust enrichment

Ratio Decidendi

No binding long-term or interim contract was concluded between the parties as negotiations were expressly subject to contract and essential terms remained under negotiation; therefore, Whittle is entitled to pursue a restitutionary remedy for unjust enrichment, subject to inquiry as to whether Hollywood was unjustly enriched by paying less than a reasonable price for the services received.

Court Disposition

Appeal allowed

Orders

  • Inquiry directed as to whether Hollywood Express Ltd was unjustly enriched by the services provided by Whittle Movers Ltd.
  • Whittle Movers Ltd to serve within 28 days full particulars of the unjust enrichment asserted.