P4 Ltd v Unite Integrated Solutions plc
Citation: BLM Vol.24 No.1 (trial)
Nature of case:
Supplier P4 had sought damages against contractor Unite for alleged conversion of goods, a computer addressable emergency lighting system supplied to Unite’s sub-contractor, which had become insolvent before P4 was paid. The defendant had unsuccessfully sought summary judgment on the ground that the conversion claim had no real chance of succeeding. However, in the trial it was held that none of the supply contracts incorporated the claimant’s standard terms and the retention of title clause contained in them, on which the claimant sought to rely.
Note that there were important observations by the court on the meaning and effect of a ‘disposition’ of goods/materials in the context of clause 21.4.5.1 of the DOM/2 standard form.
