Rishover v Rishover & Anor [2023] EWHC 2019 (Comm) (02 August 2023)
The Settlement Agreement's profit-sharing provision was not subject to a condition precedent; the phrase 'for whatever reason' meant the claimant could claim the Hendon profit share regardless of any alleged breach, and no set-off applied.
- Citation
- [2023] EWHC 2019 (Comm)
- Parties
- Claimant: Jamie Daniel Rishover; First Defendant: Jason Marc Rishover; Second Defendant: Heronslea Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 02 August 2023
- Procedural Posture
- Commercial Court Claim / Summary Judgment
- Outcome
- Summary judgment for the claimant
- Legal Topics
- Contractual Interpretation, Partnership Dissolution, Profit Sharing, Summary Judgment
Case Brief
Summary, issues, holding and outcome
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Parties
Jamie Daniel Rishover
Claimant
Jason Marc Rishover
First Defendant
Heronslea Limited
Second Defendant
Procedural Posture
Commercial Court Claim / Summary Judgment
Legal Issues
- 1 Whether the obligation to share Hendon project profits was subject to a condition precedent
- 2 Whether the claimant is prevented from claiming by reason of his own alleged breach
- 3 Whether the claimant owed contractual duties to the first defendant and if set-off applies
Ratio Decidendi
The Settlement Agreement's profit-sharing provision was not subject to a condition precedent; the phrase 'for whatever reason' meant the claimant could claim the Hendon profit share regardless of any alleged breach, and no set-off applied.
Court Disposition
Summary judgment for the claimant
Orders
- Summary judgment entered for the claimant for £1,499,850
Full Case Text
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