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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Tombs v Wilson Connolly Ltd. [2005] EWCA Civ 432 (11 March 2005) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2005/432.html Cite as: [2005] EWCA Civ 432 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
TECHNOLOGY AND CONSTRUCTION COURT
(HIS HONOUR JUDGE COULSON QC)
Strand London, WC2 |
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B e f o r e :
____________________
NICHOLAS ![]() | Claimant/Applicant | |
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Defendant/Respondent |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
"Subject to the General Conditions overleaf and to the Special Conditions below."
"I accept the terms and conditions of this sub-contract and authorise the deductions from payments made to me under Clauses 28, 29, 32, 36."
"Mr Berry's argument could only get off the ground if it could be shown that the parties, by conduct, effectively agreed to the replacement of the new short form terms and conditions by the old conditions, but there was absolutely no evidence of that at all."
"The question in a case of this kind must always be, 'has reasonable notice of the terms been given?' This is essentially a question of fact depending on the circumstances of the case, and in particular on the nature of the business and position of the parties to the transaction."
ORDER: Applications for permission to appeal and an extension of time in which to file the appellant's notice refused.