Source: All England Reporter
Publisher Citation: [2013] All ER (D) 138 (Mar)
Neutral Citation: [2013] EWHC 502 (Ch)
Court: Chancery Division

Mr Justice Mann

Representation Howard Smith (instructed by Benson Mazure LLP) for the claimant.
  Marc Rosenthal (Litigant in Person) for the defendant.
Judgment Dates: 14 March 2013


Contract - Breach of contract - Joint venture development - Claimant alleging breach of joint venture agreement with defendant and defendant's company to carry out development - Whether defendant personally liable - Whether only company liable for breach of contract.

The Case

Contract Breach of contract. The claimant brought a claim against the defendant alleging that he had undertaken a personal obligation to carry out a development and had failed to do so in breach of joint venture agreements. The defendant denied personal obligation and the issue was whether he, along with his company, was liable in breach of contract. The Chancery Division held that on the natural construction of the relevant agreements the defendant was not personally a party to the agreement but that there was a binding obligation on his company to carry out the development.

Practice Areas

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