||All England Reporter
|| All ER (D) 407 (Oct)
||Court of Appeal, Civil Division
Simon Brown, Mantell and Sedley LJJ
||Justin Rushbrooke (instructed by Staple Inn Partnership) for C Ltd.
||Susan Prevezer QC (instructed by Simons Muirhead & Burton) for OK.
||26 October 2001
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.
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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