Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd – WLR Daily

Posted March 15th, 2016 in agency, agreements, contracts, evidence, law reports, privilege by sally

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)

‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’

WLR Daily, 8th March 2016