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Thursday, 27 January 2022

Hitachi Credit SW London Crown

 

Hitachi Credit SW London Crown v Medenta Finance Ltd

In the case of Hitachi Credit SW London Crown v. Medenta Finance Ltd., the High Court found that the post termination clause was enforceable, despite the fact that the parties did not reach an agreement on it. This result reflected the difficulty of interpreting consumer finance agreements, particularly when the parties do not agree on the interpretation. The High Court cited two seminal cases in support of Hitachi's position, including Arnold v. Brittan and Wood v. Capita Insurance Services Limited.



In this case, the parties' dispute over the meaning of clause 15 came to a head in the High Court. Although the High Court considered the parties' intention to refer to "third parties," it ruled that this phrase had to mean both "customers" and "suppliers" - and therefore, all the clauses in question were unambiguous. It also noted that the context of the contract tended to be broader, and the court's decision did not compel Hitachi to make any specific provision.

The High Court rejected the claim that the "third parties" clause in the contract had a narrow meaning, and interpreted it in Hitachi's favor. It held that "third parties" included both former customers and suppliers, and that the meaning of the phrase had to be read in context. The High Court concluded that the clause was clear and unambiguous. The judgment of the High Court rebuked Hitachi's opponents and upheld the company's rights.

The High Court ruled that clause 15 is unambiguous. It held that the term "third party" meant any entity other than Hitachi and Medenta. This interpretation was supported by the factual context of the contract, whereas the plaintiff's argument was not. In the end, the High Court held that this clause is not ambiguous. Its implication was clear to both parties. The decision was unanimous.

The High Court determined that the clause did not cover "third-party" companies. This clause also applied to Hitachi's former customers. However, it did not apply to "third-party" companies. The parties' terms clearly refer to both parties, and the High Court found that this was not ambiguous. In other words, the contract did not cover Medenta without the agreement of the two parties. In fact, the terms of the contracts were not clear enough.

Moreover, the court ruled that the clause did not restrict third-party actions. The clause also defined the terms of such actions. The High Court held that the "third-party" actions were not ambiguous. The language of the contracts was unambiguous. But the word "third party" meant a third-party's actions. It did not prohibit an action involving a third-party. The High Court also noted that the contract in question was not unambiguous and that the parties intended to cover both types of entities.

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