Casehub Ltd v Wolf Cola Ltd

Casehub Ltd v Wolf Cola Ltd

The assignments in the claim purchase agreements are not void for champerty and maintenance as the claimant has a legitimate commercial interest and the assignments are incidental to the acquisition of liquidated sums. The cancellation fee provisions form part of the price payable under the contract and are excluded from fairness assessment under section 64(1)(b) of the Consumer Rights Act 2015.

Parties
Claimant: Casehub Limited; Defendant: Wolf Cola Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2017
Procedural Posture
Civil / Judgment
Outcome
Declarations granted
Legal Topics
Assignment of Claims, Champerty and Maintenance, Representative Actions, Consumer Contract Fairness
Contract Law Consumer Protection Civil Procedure Assignment of Claims Champerty and Maintenance Representative Actions Consumer Contract Fairness

Case Brief

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Parties

Casehub Limited

Claimant

Wolf Cola Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the assignments in the claim purchase agreements are void for champerty and maintenance
  2. 2 Whether CPR Part 19.6 representative action provisions are available to the claimant
  3. 3 Whether cancellation fee provisions are excluded from fairness assessment under Consumer Rights Act 2015

Ratio Decidendi

The assignments in the claim purchase agreements are not void for champerty and maintenance as the claimant has a legitimate commercial interest and the assignments are incidental to the acquisition of liquidated sums. The cancellation fee provisions form part of the price payable under the contract and are excluded from fairness assessment under section 64(1)(b) of the Consumer Rights Act 2015.

Court Disposition

Declarations granted

Orders

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