| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 156 (Nov) |
| Neutral Citation: | [2010] EWHC 1850 (Ch) |
| Court: | Chancery Division |
| Judge: | Norris J |
| Representation | Romie Tager QC and Stuart Hornett (instructed by Messers Lass Salt Garvin) for the claimant. |
| Matthew Parker (instructed by McGrigors) for the defendant. | |
| Judgment Dates: | 28 June 2010 |
Catchwords
Contract - Formation - Terms and conditions on which contract made - Claimant agreeing to buy loan note from defendant - Terms of agreement not recorded in writing - Whether defendant contracting as principal or agent for third party - Whether agreement for an option or a repurchase agreement.
The Case
Contract Formation. The Chancery Division of the High Court held that a transaction entered into between the claimant investment fund and the defendant involved a repurchase agreement for a note, by which the defendant was bound to repurchase the note, and its failure to do so constituted a breach of contract.
Practice Areas
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