Source: All England Reporter
Publisher Citation: [2016] All ER (D) 161 (Oct)
Neutral Citation: [2016] EWHC 2589 (QB)
Court: Queen's Bench Division

Martin Chamberlain QC sitting as a Deputy Judge of the High Court

Representation Chris Quinn (instructed by Osborne Clarke LLP) for the claimant.
  Aidan Briggs (instructed by Goldstein Legal) for the defendants.
Judgment Dates: 21 October 2016


Contract - Unfair terms - Exemption clauses - Claimant franchisee entering into Sales Purchase Agreement (SPA) containing restrictions - Claimant failing to honour payments on basis that defendant breaching restrictions - Whether claimant entitled to withhold payment on basis of breach of covenants.

The Case

Contract Unfair terms. The Queen's Bench Division held that the claimant Rush hairdressing salon had been entitled to withhold certain deferred consideration under a Sales Purchase Agreement (the SPA) as the defendant had been in breach of certain restrictive clauses in the SPA.

Practice Areas

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