| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 330 (Nov) |
| Court: | Chancery Division |
| Judge: | Lawrence Collins J |
| Representation | Alastair Wilson QC and Matthew Kime (instructed by Sarjeant & Sheppard) for the claimants. |
| Catherine Newman QC and Adrian Jack (instructed by Barrett & Co) for the defendants. | |
| Judgment Dates: | 22 November 2001 |
Catchwords
Contract - Construction - Sale of business - Claimant selling one of its businesses to the defendants - Defendants having use of claimant's name for three years - Whether defendant having use of claimant's name after end of three year period - Whether rectification of contract possible.
The Case
On the true construction of an agreement concerning the sale of a business and the use of the first claimant's name, the court ruled in favour of the claimants' construction on the grounds, inter alia, it made more commercial sense.
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