NSB Ltd v Worldpay Ltd
The Defendant was entitled to summary judgment because the Claimant had no real prospect of establishing any breach of contract, implied term, or recoverable loss; the Defendant acted within contractual rights in terminating the agreement and retaining funds in good faith, and the damages claim was legally untenable.
- Parties
- Claimant: NSB LIMITED (In Liquidation); Defendant: WORLDPAY LIMITED
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2012
- Procedural Posture
- Commercial Court Claim / Summary Judgment Application
- Outcome
- Summary judgment granted for the Defendant
- Legal Topics
- Implied Terms, Termination of Contract, Economic Duress, Retention of Funds, Chargebacks, Damages, Good Faith
Case Brief
Summary, issues, holding and outcome
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Parties
NSB LIMITED (In Liquidation)
Claimant
WORLDPAY LIMITED
Defendant
Procedural Posture
Commercial Court Claim / Summary Judgment Application
Legal Issues
- 1 Whether implied terms alleged by the Claimant are applicable or tenable
- 2 Whether the Defendant breached contract in terminating the agreement
- 3 Whether the Defendant breached contract in retaining £57,000 under Clause 8.3
Ratio Decidendi
The Defendant was entitled to summary judgment because the Claimant had no real prospect of establishing any breach of contract, implied term, or recoverable loss; the Defendant acted within contractual rights in terminating the agreement and retaining funds in good faith, and the damages claim was legally untenable.
Court Disposition
Summary judgment granted for the Defendant
Orders
- Claim dismissed
- Defendant entitled to summary judgment on the Claimant’s claim
Full Case Text
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