England and Wales Case Law

Gama Aviation FZC v Bin Otaiba Investment Group

The Agreement was not validly terminated by BOIG's 24 March 2022 email as it failed to comply with contractual notice requirements. GAF was entitled to recharge all maintenance and parking costs under the Agreement, provided they were reasonable and in accordance with industry practice. GAF complied with reporting and budgeting obligations. GAF validly exercised a contractual lien over the Aircraft. BOIG's counterclaim for wrongful detention and losses failed as GAF acted within its contractual rights and BOIG's non-engagement caused the delay.

Source excerpt

• Contractual interpretation
• Lien
• Maintenance agreements
• Termination
• Interest on late payments
• Parking charges

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Biosol Renewables UK Ltd v Lovering & Anor (t/a R & A Properties (A Partnership))

Commercial dispute over biomass boilers, alleged misrepresentations, and a maintenance and woodchip agreement. The claimant succeeded and the counterclaim failed.

• Sale of goods
• Supply of goods and services
• Implied terms
• Breach of contract
• Damages
• Misrepresentation

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Redrow Homes Ltd, R (on the Application of) v Knowsley Metropolitan Borough Council

Redrow Homes Ltd, R (on the Application of) v Knowsley Metropolitan Borough Council [2014] EWCA Civ 1433 (31 October 2014)

The Court of Appeal held that section 38(6) of the Highways Act 1980 can lawfully include a commuted sum for future highway maintenance after adoption.

• Statutory interpretation
• Highways adoption
• Maintenance agreements
• Commuted sums
• Statutory-interpretation
• Highways-adoption

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Mann v Mann

The court held that a written agreement to mediate was binding, but it could not bar the wife from enforcing financial orders. The enforcement application was adjourned for 8 weeks.

• Enforcement of financial orders
• Alternative dispute resolution (adr)
• Maintenance agreements
• Mediation clauses
• Access to justice
• Family-financial-remedies

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Mann v Mann

Mann v Mann [2014] EWHC 537 (Fam) (05 March 2014)

The High Court held that a mediation agreement was binding but could not bar enforcement proceedings; it adjourned the case for 8 weeks and ordered disclosure.

• Enforcement of financial orders
• Maintenance agreements
• Mediation agreements
• Access to justice
• Costs sanctions for refusal to mediate
• Family-law

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Data Direct Technologies Ltd v Marks & Spencer Plc

The High Court construed a software maintenance clause and held that maintenance remained payable unless valid cancellation notice was given.

• Interpretation of contract terms
• Software licensing
• Maintenance agreements
• Contract-interpretation
• Software-licensing
• Maintenance-agreements

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Data Direct Technologies Ltd v Marks & Spencer Plc

Data Direct Technologies Ltd v Marks & Spencer Plc [2009] EWHC 97 (Ch) (26 January 2009)

The High Court held that maintenance under a software licence was payable unless the defendant gave valid written notice to cancel it. “At the Customer’s option” referred to that cancellation right.

• Interpretation of contract terms
• Software licensing
• Maintenance agreements
• Contract-interpretation
• Software-licensing
• Maintenance-agreements

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PCB Media Ltd v Kolocraft Ltd

PCB Media Ltd v Kolocraft Ltd [2002] EWCA Civ 1910 (12 December 2002)

The Court of Appeal refused permission to appeal in a maintenance-fee dispute, upholding findings that an oral agreement existed and that damages were properly assessed.

• Oral contracts
• Maintenance agreements
• Limitation of actions
• Assessment of damages
• Oral-contracts
• Maintenance-agreements

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