Source: All England Reporter
Publisher Citation: [2008] All ER (D) 288 (Jun)
Court: Chancery Division

Judge Waksman QC sitting as a judge of the High Court

Representation Thomas Croxford (instructed by Herbert Smith) for the claimant.
  Jeremy Goldring (instructed by Travers Smith) for the defendant.
Judgment Dates: 23 June 2008


Contract - Construction - Hedge fund - Marketing agreement - Agreement entitling defendant to terminate if claimant failing to attract certain fee level - Claimant bringing action for wrongful termination - Whether 'total base fees' including rebates of fees paid to customers by way of discount

The Case

In dismissing a claim for wrongful termination, it was held that the phrase 'total base fees' in a marketing agreement regarding a hedge fund did not include fees subsequently rebated to a customer.

Practice Areas

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