Ross River Ltd & Anor v Cambridge City Football Club

Ross River Ltd & Anor v Cambridge City Football Club

The judge was entitled to find inducement for fraudulent misrepresentation, justifying rescission of the overage agreement. There is no entitlement as of right to rescind the sale agreement for post-contractual bribery or fraud; at most, the court may have discretion, which the judge would not have exercised in the club's favour.

Parties
Claimant/appellant: Ross River Limited; Claimant/appellant: Blue River LP; Defendant/appellant: Cambridge City Football Club
Jurisdiction
England and Wales
Judgment Date
07 May 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Applications for permission to appeal dismissed
Legal Topics
Bribery, Fraudulent Misrepresentation, Rescission of Contract, Inducement, Equitable Relief
Contract Law Equity Civil Procedure Bribery Fraudulent Misrepresentation Rescission of Contract Inducement Equitable Relief

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Parties

Ross River Limited

Claimant/appellant

Blue River LP

Claimant/appellant

Cambridge City Football Club

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the judge erred in finding inducement for fraudulent misrepresentation justifying rescission of the overage agreement
  2. 2 Whether the club was entitled as of right or by discretion to rescind the sale agreement due to post-contractual bribery and fraud

Ratio Decidendi

The judge was entitled to find inducement for fraudulent misrepresentation, justifying rescission of the overage agreement. There is no entitlement as of right to rescind the sale agreement for post-contractual bribery or fraud; at most, the court may have discretion, which the judge would not have exercised in the club's favour.

Court Disposition

Applications for permission to appeal dismissed

Orders

  • Permission to appeal refused for both claimants and club