Source: All England Reporter
Publisher Citation: [2001] All ER (D) 407 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Mantell and Sedley LJJ
Representation Justin Rushbrooke (instructed by Staple Inn Partnership) for C Ltd.
  Susan Prevezer QC (instructed by Simons Muirhead & Burton) for OK.
Judgment Dates: 26 October 2001

Catchwords

Contract - Construction - Sponsorship agreement - Claimant sponsoring television event organised by defendant - Contract providing for repayment of sponsorship money if event not broadcast at time and date acceptable to claimant - Claimant alleging time and date unacceptable - Whether on facts claimant able to exercise right under clause.

The Case

A claimant was held by the Court of Appeal not to have been able to exercise its right to recover sponsorship monies paid for a television event under a clause giving it the right to do so if the event were not broadcast at a time and date acceptable to the claimant; the fact that viewing figures were disappointing was insufficient and the claimant had made no objection in advance to the time and date specified.

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