Fraser Turner Ltd v Pricewaterhousecoopers LLP & Ors [2018] EWHC 1743 (Ch) (12 July 2018)

Fraser Turner Ltd v Pricewaterhousecoopers LLP & Ors [2018] EWHC 1743 (Ch) (12 July 2018)

The Royalty Deed, properly construed, did not contain any express or implied obligation on London Mining or LMCL to procure that a purchaser of the Marampa Mine assume the royalty obligation. The contract was professionally drafted and addressed the relevant circumstances expressly. There was no basis to imply further terms. The claims for procuring breach of contract and conspiracy therefore failed. The administrators did not owe a direct duty to the Claimant as a creditor, as there was no special relationship or assumption of responsibility. The remaining claims for breach of duty and misfeasance also failed.

Citation
[2018] EWHC 1743 (Ch)
Parties
Claimant: Fraser Turner Limited; First Defendant: PricewaterhouseCoopers LLP; Second Defendant: Peter Dickens; Third Defendant: Russell Downs
Jurisdiction
England and Wales
Judgment Date
12 July 2018
Procedural Posture
Civil (business and Property Courts) / Application to Strike Out or for Summary Judgment
Outcome
Claim struck out and/or summary judgment granted for Defendants
Legal Topics
Construction of Commercial Contracts, Implied Terms, Breach of Contract, Procuring Breach of Contract, Conspiracy, Duties of Administrators, Misfeasance, Remedies in Insolvency
Contract Law Insolvency Law Tort Law Construction of Commercial Contracts Implied Terms Breach of Contract Procuring Breach of Contract Conspiracy +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 29 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fraser Turner Limited

Claimant

PricewaterhouseCoopers LLP

First Defendant

Peter Dickens

Second Defendant

Russell Downs

Third Defendant

Procedural Posture

Civil (business and Property Courts) / Application to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the Royalty Deed contained express or implied terms obliging London Mining or LMCL to procure a purchaser to assume the royalty obligation
  2. 2 Whether the Defendants procured a breach of contract or conspired to cause loss by unlawful means
  3. 3 Whether the administrators owed a direct duty to the Claimant as a creditor

Ratio Decidendi

The Royalty Deed, properly construed, did not contain any express or implied obligation on London Mining or LMCL to procure that a purchaser of the Marampa Mine assume the royalty obligation. The contract was professionally drafted and addressed the relevant circumstances expressly. There was no basis to imply further terms. The claims for procuring breach of contract and conspiracy therefore failed. The administrators did not owe a direct duty to the Claimant as a creditor, as there was no special relationship or assumption of responsibility. The remaining claims for breach of duty and misfeasance also failed.

Court Disposition

Claim struck out and/or summary judgment granted for Defendants

Orders

  • The Particulars of Claim are struck out and/or summary judgment is entered for the Defendants.
  • Permission to amend the Particulars of Claim is refused.