Jamie Daniel Rishover v Jason Marc Rishover & Anor

Jamie Daniel Rishover v Jason Marc Rishover & Anor

The Settlement Agreement did not impose a condition precedent to the obligation to share Hendon project profits; the words 'for whatever reason' preclude reliance on breach to withhold payment, and summary judgment is appropriate as the defences have no real prospect of success.

Parties
Claimant: Jamie Daniel Rishover; First Defendant: Jason Marc Rishover; Second Defendant: Heronslea Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Claim / Summary Judgment
Outcome
Summary judgment for the Claimant
Legal Topics
Contractual Interpretation, Partnership Dissolution, Profit Sharing, Summary Judgment
Contract Law Commercial Law Contractual Interpretation Partnership Dissolution Profit Sharing Summary Judgment

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Parties

Jamie Daniel Rishover

Claimant

Jason Marc Rishover

First Defendant

Heronslea Limited

Second Defendant

Procedural Posture

Commercial Claim / Summary Judgment

Legal Issues

  1. 1 Whether the obligation to share Hendon project profits was subject to a condition precedent
  2. 2 Whether the Claimant is prevented from suing by reason of his own alleged breach
  3. 3 Whether the Claimant owed contractual duties to the First Defendant and if set-off applies

Ratio Decidendi

The Settlement Agreement did not impose a condition precedent to the obligation to share Hendon project profits; the words 'for whatever reason' preclude reliance on breach to withhold payment, and summary judgment is appropriate as the defences have no real prospect of success.

Court Disposition

Summary judgment for the Claimant

Orders

  • Summary judgment entered for the Claimant for £1,499,850