Casehub Ltd v Wolf Cola Ltd [2017] EWHC 1169 (Ch) (22 May 2017)

Casehub Ltd v Wolf Cola Ltd [2017] EWHC 1169 (Ch) (22 May 2017)

The assignments in the claim purchase agreements are not void for champerty and maintenance because the claimant has a legitimate commercial interest and the assignments are not of a bare cause of action. The cancellation fee provisions form part of the price payable under the contract and are excluded from assessment for fairness under section 64(1)(b) of the Consumer Rights Act 2015. The representative action provisions in CPR Part 19.6 are not engaged in this case as the claimant sues in its own name pursuant to valid assignments.

Citation
[2017] EWHC 1169 (Ch)
Parties
Claimant: Casehub Limited; Defendant: Wolf Cola Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2017
Procedural Posture
Part 8 Proceedings / Judgment
Outcome
Declarations granted
Legal Topics
Assignment of Claims, Champerty and Maintenance, Representative Actions, Consumer Contract Fairness, Cancellation Fees
Contract Law Consumer Law Civil Procedure Assignment of Claims Champerty and Maintenance Representative Actions Consumer Contract Fairness Cancellation Fees

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Parties

Casehub Limited

Claimant

Wolf Cola Limited

Defendant

Procedural Posture

Part 8 Proceedings / Judgment

Legal Issues

  1. 1 Are the assignments in the claim purchase agreements void for champerty and maintenance?
  2. 2 Is the claimant entitled to sue in a representative capacity under CPR Part 19.6?
  3. 3 Are the cancellation fee provisions excluded from assessment for fairness under Part II of the Consumer Rights Act 2015?

Ratio Decidendi

The assignments in the claim purchase agreements are not void for champerty and maintenance because the claimant has a legitimate commercial interest and the assignments are not of a bare cause of action. The cancellation fee provisions form part of the price payable under the contract and are excluded from assessment for fairness under section 64(1)(b) of the Consumer Rights Act 2015. The representative action provisions in CPR Part 19.6 are not engaged in this case as the claimant sues in its own name pursuant to valid assignments.

Court Disposition

Declarations granted

Orders

  • Declaration that the assignments in the claim purchase agreements are not void for champerty and maintenance.
  • Declaration that the cancellation fee provisions in the defendant's Terms and Conditions form part of the price payable under the contract for purposes of section 64(1)(b) Consumer Rights Act 2015.