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07 October 2010
Issue: 7436 / Categories: Case law , Law digest
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Contract

Giedo Van Der Garde BV and another v Force India Formula One Team Ltd [2010] EWHC 2373 (QB), [2010] All ER (D) 122 (Sep)

Where there had been a total failure of consideration, money paid under a contract could be recovered. A partial failure of consideration would give no rise to a claim for recovery of the money that had been paid. However, if a divisible part of the contract wholly failed, and part of the consideration could be attributed to that part, that portion of the money so paid could be recovered. Where a court could identify by the process of apportionment a payment for which there had been no consideration in the form of services provided, the payer would be entitled to an order for the restitution of that sum. Where the contract was not divisible, there could be no restitution. The receipt of a benefit under a contract which on analysis was not any part of the essential bargain contract for would not be a bar to restitution on the basis of total consideration. The test

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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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