Source: All England Reporter
Publisher Citation: [2002] All ER (D) 430 (Mar)
Court: Commercial Court

Morison J

Representation Rabinowitz, Kitcher and das Gupta (instructed by Herbert Smith) for the claimant.
  Bernard Eder QC, Dye and King (instructed by Allen & Overy) for the bank.
Judgment Dates: 27 March 2002


Practice - Summary judgment - Action for recovery of debt or damages - Parties entering into gold trading agreement - Defendant undertaking to use 'best endeavours to promote and support' business - Claimant alleging defendant failing to use best endeavours both in relation to specific projects and generally - Defendant applying for summary judgment - Whether claim having real prospect of success.

The Case

A claim based on alleged breaches of a gold trading agreement was partially struck out; there was no evidence to support allegations that the defendant bank had, in breach of contract, failed to use its 'best endeavours' or 'best efforts' to pursue two specific business proposals, but the claimant would be allowed to pursue its claim generally.

Practice Areas

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