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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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