Whittle Movers Ltd v Hollywood Express Ltd

Whittle Movers Ltd v Hollywood Express Ltd

No binding long-term or interim executory contract was concluded between the parties as all negotiations were expressly subject to contract and essential terms remained under negotiation. The proper conclusion is that there was no contract, and Whittle is entitled to pursue a restitutionary claim for unjust enrichment.

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 Judgment
Outcome
appeal allowed
Legal Topics
Formation of Contract, Subject to Contract, Unjust Enrichment, Quantum Meruit, Termination of Negotiations
Contract Law Restitution Formation of Contract Subject to Contract Unjust Enrichment Quantum Meruit Termination of Negotiations

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Parties

Whittle Movers Ltd

Appellant

Hollywood Express Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a binding long-term contract was concluded between the parties
  2. 2 Whether an interim or executory contract existed post-23 January 2006
  3. 3 Whether the parties' dealings gave rise to a restitutionary remedy for unjust enrichment

Ratio Decidendi

No binding long-term or interim executory contract was concluded between the parties as all negotiations were expressly subject to contract and essential terms remained under negotiation. The proper conclusion is that there was no contract, and Whittle is entitled to pursue a restitutionary claim for unjust enrichment.

Court Disposition

appeal allowed

Orders

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