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Cases Commercial Disputes

Everton Football Club Co Ltd v Sail Group Ltd & Ors

Judgment Date: 04 Feb 2011

The claimant football club failed to establish on the evidence both that an oral contract had been concluded between it and a football promoter, and that there had been any breach of a warrant of authority by a director of a sports event management business in allegedly purporting to be able to contractually bind the football promoter.

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Members
Thomas Grant QC

Practice areas
Commercial Disputes

Kieran Looney v Trafigura Beheer BV (2011)

Judgment Date: 01 Feb 2011

An early termination provision in the contract between the parties was not subject to any reasonableness requirement.

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Irish Response Ltd v Direct Beauty Products & Simon Gook (2011)

Judgment Date: 21 Jan 2011

Freezing and search orders made against the defendants in a claim for inducing a breach of contract were discharged where the claimant had failed to demonstrate that it had a good arguable case in relation to that claim, there was no real risk of dissipation of the defendants' assets, and the claimant had acted in breach of the duty of fair presentation by failing to disclose certain correspondence.

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JD Cleverly Ltd & Cwmbran Motors Ltd v Family Finance Ltd (2010)

Judgment Date: 21 Dec 2010

A county court judge had erred in finding that motor dealers had concluded several contracts of sale with a finance company. The parties' conduct could not properly be regarded as manifesting an intention to create a legal relationship in the form of a contract of sale.

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Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd (2010)

Judgment Date: 25 Nov 2010

When construing a profit sharing provision in a development agreement made between the parties, a judge had erred in holding that a letter sent by one of the parties included an offer to agree in relation to the calculation of the profit payments.

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Practice areas
Commercial Disputes

Beazer Homes Ltd v Durham County Council (2010)

Judgment Date: 13 Oct 2010

A judge was correct to find that the transfer of land to a local authority included an implied term that the transferor was obliged to support any application by the local authority to have adopted by the Highways Agency an access road, if built, over an adjacent strip of land retained by the transferor.

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Practice areas
Commercial Disputes

Mentmore International Ltd v Abbey Healthcare (Festival) Ltd (2010)

Judgment Date: 07 Jul 2010

A judge had been wrong to grant summary judgment on the basis a company had no prospect of successfully defending a claim that it had not used its best endeavours to release the claimants from personal guarantees in relation to a share purchase agreement. He was also wrong to order the company to pay £1 million into court pending determination of the sum of deferred consideration.

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Practice areas
Commercial Disputes

State Street Bank & Trust Co v Sompo Japan Iunsurance Inc (2010)

Judgment Date: 17 Jun 2010

A guarantor of obligations under a swap agreement securing the issue of floating notes was entitled to the reimbursement it claimed following the termination of the swap agreements. Where it was clear from consideration of all the relevant documents that a mistake had been made in the definition of "financial guarantee reimbursement amount", and clear what correction was needed to cure the mistake, the court made a declaration as to the true construction of the relevant documents and the guarantor's entitlement to reimbursement from the issuer of the notes.

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Members

Practice areas
Commercial Disputes

Cadogan Petroleum PLC & 9 ORS v Mark Tolley & 19 ORS (2010)

Judgment Date: 18 May 2010

The court ordered disclosure of parts of a confidential settlement agreement made between a claimant and some of the defendants that were relevant to the outstanding issues in the proceedings between the claimant and the remaining defendants.

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Practice areas
Commercial Disputes

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd (2010)

Judgment Date: 29 Apr 2010

The judge had been entitled to find that the claimant and defendant had agreed to make an equal contribution to professional fees incurred in relation to a commercial development.

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Morgan Walker Solicitors LLP v Zurich Professional & Financial Lines (2010)

Judgment Date: 23 Apr 2010

A "subject to contract" restriction in an offer to settle was found not to have been lifted either expressly or by implication, and acceptance of the offer was not binding until the parties had signed an arbitration award reflecting the terms of the settlement.

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Practice areas
Commercial Disputes

Chantry Estates (South East) Ltd v Anderson (2010)

Judgment Date: 10 Mar 2010

It was not necessary to imply terms into an option-to-buy contract entered into by a property development company and the former owners of the freehold property to which the option related as the proposed terms were not necessary to make the agreement work.

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Shell U.K. Limited & Ors v Total UK Limited & Anr (2010)

Judgment Date: 04 Mar 2010

Joining the legal owner to proceedings in respect of damage to property would suffice to enable the beneficial owner to recover, subject to the rules of remoteness and damage, for all the loss which it had suffered and it did not matter that the beneficial owner was not in possession of the property. An oil company who was the beneficial owner of tanks and pipelines destroyed following explosions at the Buncefield oil storage terminal for which another oil company was liable was not, therefore, precluded from claiming damages for economic loss.

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FoodCo UK LLP (T/A Muffin Break) & Ors v Henry Boot Developments Ltd (2010)

Judgment Date: 03 Mar 2010

A non-reliance clause in an agreement for lease excluded liability for innocent and negligent misrepresentations, but not fraudulent ones, and the claimant tenants failed to show that representations made by the landlord were false and fraudulently made.

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UK Housing Alliance (North West) Ltd v Francis (2010)

Judgment Date: 24 Feb 2010

A provision in a sale and leaseback contract entitling the landlord buyer to retain 30 per cent of the purchase price if it terminated the tenancy pursuant to any right to do so under the tenancy agreement was not an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 reg.5.

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Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd (2010)

Judgment Date: 19 Feb 2010

In construing the provisions of a commercial property development agreement concerning the payment of profit payments, the court had regard to a letter that it found to contain an offer capable of acceptance, which enabled the constitution of an accepted contract for the proper determination of the correct basis for calculation.

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Practice areas
Commercial Disputes

Cadogan Petroleum Plc v Mark Tolley (December 2009)

Judgment Date: 16 Dec 2009

The court ordered disclosure of parts of a settlement agreement necessary for the applicants to conduct their defences at trial, the disclosure did not extend to unlimited inspection of the agreement.

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Cadogan Petroleum PLC v Tolley (October 2009)

Judgment Date: 16 Oct 2009

An application was granted to use part of the transcript of a pre-trial cross-examination of a defendant, which was subject to an undertaking as to its use, in an action for breach of contract, breach of trust and conspiracy. The use of the material was, however, restricted if the defendant chose not to serve any evidence at trial, as it would then be inappropriate for the claimants to adduce his answers in cross-examination as part of their primary case.

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Belletti v Morici (2009)

Judgment Date: 24 Sep 2009

It would rarely if ever be appropriate or expedient for the English court to assume jurisdiction under the Civil Jurisdiction and Judgments Act 1982 s.25 to grant interim relief in support of substantive proceedings abroad where the relevant defendants had no connection with the jurisdiction and the relevant assets were not located in England.

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Members
Thomas Munby

Practice areas
Commercial Disputes

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