DRL LTD V WINCANTON GROUP LTD

[2011] EWCA Civ 839, Court of Appeal (Civil Division), Lord Justice Rix, Lord Justice Lloyd and Lord Justice Stanley Burnton, 26 July 2011

Contract - Repudiation - Time limit of claims and notification provisions under Road Haulage Association's Conditions of Carriage 1998

The parties had agreed between them consecutive agreements on the retail supply of white goods for delivery to consumers. Issues arose and the agreement was terminated just before it was due to expire. The judge held that it was DRL who had repudiated the agreement. The Court of Appeal allowed the appeal, holding that it was Wincanton that had repudiated the agreement and DRL that had accepted the repudiation. The time bar provision contained in condition 13 of the Road Haulage Association's Conditions of Carriage 1998, which were incorporated in the agreement, was construed and applied.