Landau v Barclays Bank Plc [2004] EWCA Civ 90 (30 January 2004)

Landau v Barclays Bank Plc [2004] EWCA Civ 90 (30 January 2004)

The Court held that Mr Landau was entitled to 30% of the net recoveries from Grimleys under the Tomlin order without apportionment between the three reports, as the settlement was in connection with proceedings brought by reference to the second report, satisfying the condition in the side letter.

Citation
[2004] EWCA Civ 90
Parties
Claimant/respondent: Leser Landau; Defendant/appellant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
30 January 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Construction of Contractual Terms, Assignment of Claims, Settlement Agreements, Entitlement to Proceeds of Litigation, Interpretation of Side Letters
Contract Law Banking Law Construction of Contractual Terms Assignment of Claims Settlement Agreements Entitlement to Proceeds of Litigation Interpretation of Side Letters

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Parties

Leser Landau

Claimant/respondent

Barclays Bank PLC

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court

Legal Issues

  1. 1 Whether Mr Landau was entitled to 30% of the whole net recoveries from Grimleys under the Tomlin order or only a proportion referable to the second report
  2. 2 Proper construction of the side letter between Mr Landau and Barclays Bank

Ratio Decidendi

The Court held that Mr Landau was entitled to 30% of the net recoveries from Grimleys under the Tomlin order without apportionment between the three reports, as the settlement was in connection with proceedings brought by reference to the second report, satisfying the condition in the side letter.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Set aside the order of the judge below
  • Declare Mr Landau entitled to 30% of the net recoveries from Grimleys under the Tomlin order