England and Wales Case Law

Francis Joseph Campeau v Gottex Real Asset Fund 1 (OE) Waste SÀRL

There is a good arguable case that the SPA's exclusive jurisdiction clause applies to disputes involving third parties asserting rights under clause 10.3, and that the Contracts (Rights of Third Parties) Act 1999 obliges such third parties to enforce their rights subject to the jurisdiction clause. Therefore, Mr Campeau was entitled to serve the claim form out of the jurisdiction without permission under CPR r. 6.33(2B).

Source excerpt

• Exclusive jurisdiction clauses
• Third party rights
• Service out of jurisdiction
• Privity of contract
• Contracts (rights of third parties) act 1999

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Campeau v Gottex Real Asset Fund 1 (OE) Waste SARL

Campeau v Gottex Real Asset Fund 1 (OE) Waste SARL [2025] EWHC 2322 (Comm) (12 September 2025)

The Commercial Court held that a third-party beneficiary could rely on an exclusive jurisdiction clause in the SPA, so service out without permission was valid.

• Exclusive jurisdiction clauses
• Third party rights under contracts
• Service out of jurisdiction
• Contracts (rights of third parties) act 1999
• Cpr r. 6.33(2b)
• Interpretation of jurisdiction clauses

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Lloyds Developments Ltd v Accor HotelServices UK Ltd

Lloyds Developments Ltd v Accor HotelServices UK Ltd [2025] EWHC 2011 (TCC) (31 July 2025)

The High Court approved final ATE insurance wording as security for costs, requiring express anti-fraud wording and awarding Accor 55% of its reasonable costs.

• Security for costs
• Ate insurance
• Anti-avoidance endorsement
• Costs orders
• Fraud exclusion in insurance
• Contracts (rights of third parties) act 1999

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Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union

The UK Supreme Court held that the Public and Commercial Services Union could enforce check-off terms in individual employment contracts under the 1999 Act.

• Third party rights
• Collective agreements
• Contracts (rights of third parties) act 1999
• Check-off arrangements
• Enforceability of contractual terms
• Third-party-rights

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Secretary of State for the Home Department v Cox & Ors

Secretary of State for the Home Department v Cox & Ors [2023] EWCA Civ 551 (19 May 2023)

The Court of Appeal held that civil service employees had not accepted withdrawal of check-off by continuing to work, but PCS could not enforce the term under the 1999 Act.

• Variation of contract
• Waiver of contractual rights
• Third party enforcement of contract
• Trade union rights
• Check-off arrangements
• Contracts (rights of third parties) act 1999

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COX and Ors v SECRETARY OF STATE FOR THE HOME DEPARTMENT

The High Court held that Home Office check-off terms were contractual, the withdrawal breached contract, PCS could enforce them, and the claimants did not waive the breach.

• Incorporation of terms
• Check-off arrangements
• Contracts (rights of third parties) act 1999
• Variation and waiver of contract
• Collective agreements
• Implied terms

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Cox & Ors v Secretary of State for the Home Department

Cox & Ors v Secretary of State for the Home Department [2022] EWHC 680 (QB) (23 March 2022)

The High Court held that Home Office check-off arrangements for PCS subscriptions were contractual, could not be withdrawn at will, and were enforceable by PCS under the 1999 Act.

• Incorporation of terms
• Check-off arrangements
• Contracts (rights of third parties) act 1999
• Civil service employment terms
• Collective bargaining
• Withdrawal of employment benefits

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Hughes v Burley & Ors

The High Court refused permission to continue a derivative claim arising from a failed property development joint venture, citing lack of funding evidence and risk to the company.

• Derivative actions
• Directors' duties
• Joint venture agreements
• Fiduciary duties
• Receivership
• Reflective loss

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Deluxe Property Holdings Ltd v SCL Construction Ltd & Anor

Deluxe Property Holdings Ltd v SCL Construction Ltd & Anor [2020] EWHC 3354 (TCC) (08 December 2020)

The High Court held that a VAT refund obtained by SCL was held on trust for Deluxe and could not be set off against disputed debts owed by Deluxe.

• Quistclose trust
• Vat refund
• Constructive trust
• Breach of trust
• Set-off
• Contracts (rights of third parties) act 1999

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Menon & Anor v Pask & Ors

Menon & Anor v Pask & Ors [2019] EWHC 2611 (Ch) (07 October 2019)

The High Court held that fixed charge receivers could sue for possession against mortgagor-occupiers and that section 36 AJA 1970 could apply to such claims.

• Receivership
• Possession proceedings
• Agency
• Section 36 administration of justice act 1970
• Law of property act 1925
• Contracts (rights of third parties) act 1999

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