||All England Reporter
|| All ER (D) 445 (May)
|| EWHC 1074 (Ch)
||David Vaughan QC and Lindsay Lane (instructed by Addleshaw Goddard) for the claimant and BHB.
||David Lord and Jonathan Turner (instructed by Tarlo Lyons) for the defendant and Pt 20 claimants.
||Jeffrey Onions QC (instructed by Kirkpatrick & Lockhart Nicholson Graham) for PA.
||27 May 2005
Contracts - Contractual term - Construction - Correct interpretation of relevant contractual terms in horseracing licence agreement - Effect of interpretation on defendant's case.
On the true construction of the relevant horseracing data licence agreement, the defendant had no cause of action against the company it sought to join, and accordingly, the court would refuse it permission to join that company. Similarly, the defendant would not be given permission to amend its pleadings to allege breaches of art82 of the Treaty of Rome or s18 of the since on the material before the court, there was nothing to suggest that the defendant had formulated a viable argument that the claimant had breached those provisions.
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