Source: All England Reporter
Publisher Citation: [2004] All ER (D) 309 (Dec)
Court: Queen's Bench Division
Judge:

Charles Harris QC sitting as a judge of the High Court

Representation Alolabi Ogunbiyi (instructed by Hackman, Wembley) for the claimant.
  Samuel Laughton (instructed by Rippon Patel & French) for the defendant.
Judgment Dates: 20 December 2004

Catchwords

Contracts - Contractual term - Construction - Entitlement of defendant to retain deposit - Meaning of 'deposit' in context of agreement.

The Case

On the facts, the claimant was entitled to judgment in respect of a sum of $US190,000 which he had paid towards a distribution agreement that the parties had never in fact effected; the contract entitled the defendant only to retain an initial payment of $US10,000 in those circumstances.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.