Contractual Capacity in UK Law

Leading Cases
  • Crédit Suisse v Allerdale Borough Council
    • Court of Appeal (Civil Division)
    • 08 May 1996

    I do not think that it is open to this court to introduce such a classification. Where a public authority acts outside its jurisdiction in any of the ways indicated by Lord Reid in Anisminic the decision is void. In the case of a decision to enter into a contract of guarantee the consequences in private law are those which flow where one of the parties to a contract lacks capacity.

    Private law issues must be decided in accordance with the rules of private law. The broader and less rigorous rules of administrative law should not without adjustment be applied to the resolution of private law disputes in civil proceedings. Public law, that is to say, the law governing public law entities and their activities, is a primary source of the principles applied in administrative law proceedings.

    It remains necessary to ask what amounts to a defence to a private law cause of action. Want of capacity is a defence to a contractual claim; breach of duty, fiduciary or otherwise, may be a defence depending upon the circumstances. To say that administrative law categorises all grounds for judicial review as 'ultra vires' does not assist. In civil proceedings the question is whether, after taking into account the relevant public law, there is on the facts a private law defence.

  • Teesside Gas Transportation Ltd v Cats North Sea Ltd
    • Queen's Bench Division (Commercial Court)
    • 14 May 2019

    The above analysis of the CRTA is further supported by the way in which the relevant concepts were expressed through the process of amendment. The phrase ‘maximum rates of delivery of Non-Capacity Gas notified by the CATS Operator pursuant to clause 4.6(a)(vii)’ was, in the unamended CRTA, adopted as the definition of ‘Booked Capacities’. The contractual purpose of the phrase ‘Booked Capacities’ was in determining matters of allocation, under Schedule XIII.

  • AIC Ltd v ITS Testing Services (UK) Ltd; The Kriti Palm
    • Queen's Bench Division (Commercial Court)
    • 07 Oct 2005

    Was ITS retained by Mobil and AIC in any kind of advisory capacity? What was the proper scope of the contractual duties owed by ITS to AIC?

  • Haugesund Kommune v Depfa ACS Bank
    • Queen's Bench Division (Commercial Court)
    • 12 Feb 2010

    I have dealt with this point at some length because of its obvious importance and out of deference to Mr Mitchell's interesting argument. I have been particularly concerned to examine carefully a point on which Mr Milligan and Mr Railton made common cause. There is no doubt that Norwegian law looks at these matters in a way different from the English approach.

    This conclusion renders it unnecessary to give separate consideration to the question of the actual authority of the individual officers of the municipalities to enter into the loan agreements. However in case it is relevant I should state that I can in any event see no basis upon which the officers concerned had authority to enter into the amendments to the loan agreements. It bore no relation to anything authorised by the resolution.

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Legislation
  • Wages Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......of or includes an amount payable by way of. contractual remuneration in respect of the last of the. periods for which he is ... .   . ( e . ) any payment to the worker otherwise than in his capacity. as a worker. . (3) Where any payment in the nature of a ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... is a court, or other judicial authority, acting in its judicial capacity. . (2) When designating a data protection officer, the controller must ...S-185 . Avoidance of certain contractual terms relating to health records 185 Avoidance of certain contractual ......
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ...... An Act to make provision as to the law applicable to contractual obligations in the case of conflict of laws. . [26th July 1990] . . Be ... . (a) questions involving the status or legal capacity of natural. persons, without prejudice to Article 11;. . . (b) ......
  • The Major Sporting Events (Income Tax Exemption) Regulations 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ......, including any individual who has been so accredited in their capacity as—. (a) an employee, official or contractor of a national football ... of the obligations of the specific office, employment, contractual arrangement or other capacity in respect of which the accredited person ......
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Books & Journal Articles
  • Atypical working incorporate Greece
    • Núm. 25-5, Octubre 2003
    • Employee Relations
    • 472-491
    The issue of non‐standard forms of employment has sparked controversy in Greece. At the same time the expansion of atypical employment has been identified by policy makers as a central component of...
    ......This study sheds light on contractual flexibility surveying thirty establishments. The survey used an employer ... flexibility, and that this is mainly used to adjust corporate capacity to demand variations, not to cut labour costs. Managerial discontent with ......
  • Report of the Committee on the Age of Majority
    • Núm. 31-4, Julio 1968
    • The Modern Law Review
    ...... to consider the broad aspects of wardship and the contractual, proprietary and matrimonial powers of infants, the Committee ... their work, namely, the age at which full legal capacity and responsibility should begin. Even if the Committee’s ......
  • The Law Governing Capacity With Regard To Bills Of Exchange
    • Núm. 14-2, Abril 1951
    • The Modern Law Review
    ...... to incur liability as a party to a bill As far as English conflict rules are concerned, this general contractual capacity has in turn to be answered with regard to the proper law of the con- tract. It will be submitted that in ......
  • Private Regulation of the Public Sector: A Neglected Facet of Contemporary Governance
    • Núm. 29-1, Marzo 2002
    • Journal of Law and Society
    The centrality of regulation among the tools deployed by governments is well established in the social science literature. Regulation of public sector bodies by non‐state organizations is an import...
    ......Contractual powers take collective (for example, self-regulatory) and individuated ... and internationally, lack a legal mandate and yet have the capacity to exercise considerable power in constraining governments and public ......
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Law Firm Commentaries
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